2nd Engrossment - 93rd Legislature (2023 - 2024) Posted on 05/07/2024 11:10am
A bill for an act
relating to state government operations and finance; modifying fees assessed by
the Department of Commerce; modifying appropriations to the Office of Cannabis
Management; modifying provisions governing cannabis and health responsibilities;
requiring a request for a federal waiver to implement a public option; modifying
insurance assessments and fees; giving various rights to consumers regarding
personal data; placing obligations on certain businesses regarding consumer data;
providing for enforcement by the attorney general; authorizing supplemental
agriculture appropriations; modifying appropriations; providing broadband
appropriation transfer authority; making policy and technical changes to agriculture
provisions; establishing and modifying agriculture programs; requiring an
application for federal broadband aid; establishing a supplemental budget for
energy, transmission, and renewable energy purposes; adding and modifying
provisions governing geothermal energy, electric transmission, solar energy, and
other energy policy; establishing programs; requiring reports; appropriating money;
making technical changes; amending Minnesota Statutes 2022, sections 3.7371,
subdivisions 2, 3, by adding subdivisions; 17.133, subdivision 1; 18B.01, by adding
a subdivision; 18B.26, subdivision 6; 18B.28, by adding a subdivision; 18B.305,
subdivision 2; 18B.32, subdivisions 1, 3, 4, 5; 18B.33, subdivisions 1, 5, 6; 18B.34,
subdivisions 1, 4; 18B.35, subdivision 1; 18B.36, subdivisions 1, 2; 18B.37,
subdivisions 2, 3; 18C.005, subdivision 33, by adding subdivisions; 18C.115,
subdivision 2; 18C.215, subdivision 1; 18C.221; 18C.70, subdivision 5; 18C.71,
subdivision 4; 18C.80, subdivision 2; 18D.301, subdivision 1; 28A.10; 28A.21,
subdivision 6; 31.74; 31.94; 32D.30; 41B.039, subdivision 2; 41B.04, subdivision
8; 41B.042, subdivision 4; 41B.043, subdivision 1b; 41B.045, subdivision 2;
41B.047, subdivision 1; 45.0135, subdivision 7; 62Q.73, subdivision 3; 116J.396,
by adding a subdivision; 216B.16, subdivisions 6c, 7b; 216B.2402, subdivisions
4, 10, by adding a subdivision; 216B.2403, subdivisions 2, 3, 5, 8; 216B.241,
subdivisions 1c, 2, 11, 12; 216B.2421, subdivision 2; 216B.2425, subdivisions 1,
2, by adding a subdivision; 216B.2427, subdivision 1, by adding a subdivision;
216B.243, subdivisions 3, 9; 216B.246, subdivision 3; 216C.10; 216C.435,
subdivisions 3a, 3b, 4, 10, by adding subdivisions; 216C.436, subdivisions 1, 4,
7, 8, 10; 216E.03, as amended; 216E.04, as amended; 216F.02; 223.17, subdivision
6; 232.21, subdivisions 3, 7, 11, 12, 13; Minnesota Statutes 2023 Supplement,
sections 17.055, subdivision 3; 17.133, subdivision 3; 17.134, by adding a
subdivision; 18C.421, subdivision 1; 18C.425, subdivision 6; 18K.06; 41A.19;
116C.779, subdivision 1; 144.197; 216B.243, subdivision 8; 216C.08; 216C.09;
216C.331, subdivision 1; 216C.435, subdivision 8; 216C.436, subdivisions 1b, 2;
216E.10, subdivision 3; 342.15, by adding a subdivision; 342.72; Laws 2023,
chapter 43, article 1, sections 2; 4; Laws 2023, chapter 63, article 9, sections 10;
19; 20; Laws 2023, chapter 70, article 20, section 2, subdivision 5; proposing
coding for new law in Minnesota Statutes, chapters 13; 18B; 18C; 216C; 216E;
proposing coding for new law as Minnesota Statutes, chapter 325O; repealing
Minnesota Statutes 2022, sections 3.7371, subdivision 7; 34.07; 216E.08,
subdivisions 1, 4; 216F.01, subdivision 1; 216F.012; 216F.015; 216F.03; Minnesota
Statutes 2023 Supplement, section 216F.04; Minnesota Rules, parts 1506.0010;
1506.0015; 1506.0020; 1506.0025; 1506.0030; 1506.0035; 1506.0040; 7850.2400;
7850.3600.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. new text begin APPROPRIATIONS.
|
new text begin
The sums shown in the columns marked "Appropriations" are added to or, if shown in
parentheses, subtracted from the appropriations in Laws 2023, chapter 63, article 9, to the
agencies and for the purposes specified in this article. The appropriations are from the
general fund, or another named fund, and are available for the fiscal years indicated for
each purpose. The figures "2024" and "2025" used in this article mean that the addition to
or subtraction from the appropriation listed under them is available for the fiscal year ending
June 30, 2024, or June 30, 2025, respectively. "The first year" is fiscal year 2024. "The
second year" is fiscal year 2025. Supplemental appropriations and reductions to
appropriations for the fiscal year ending June 30, 2024, are effective the day following final
enactment.
new text end
new text begin
APPROPRIATIONS new text end |
||||||
new text begin
Available for the Year new text end |
||||||
new text begin
Ending June 30 new text end |
||||||
new text begin
2024 new text end |
new text begin
2025 new text end |
Sec. 2. new text begin OFFICE OF CANNABIS
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
2,727,000 new text end |
new text begin
(a) Enforcement of Temporary Regulations
new text end
new text begin
$1,107,000 in fiscal year 2025 is for regulation
of products subject to the requirements of
Minnesota Statutes, section 151.72. This is a
onetime appropriation.
new text end
new text begin
(b) Product Testing
new text end
new text begin
$771,000 in fiscal year 2025 is for testing
products regulated under Minnesota Statutes,
section 151.72, and chapter 342. The base for
this appropriation is $690,000 in fiscal year
2026 and each year thereafter.
new text end
new text begin
(c) Reference Laboratory
new text end
new text begin
$849,000 in fiscal year 2025 is to operate a
state reference laboratory. The base for this
appropriation is $632,000 in fiscal year 2026
and $696,000 in fiscal year 2027.
new text end
Sec. 3. new text begin DEPARTMENT OF HEALTH
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
5,500,000 new text end |
new text begin
$5,500,000 in fiscal year 2025 is for the
purposes outlined in Minnesota Statutes,
section 342.72.
new text end
new text begin
The general fund appropriation base for the attorney general is increased by $988,000
in fiscal year 2026 and $748,000 in fiscal year 2027 for staffing and other costs related to
potential violations, compliance monitoring, and enforcement of the Minnesota Consumer
Data Privacy Act.
new text end
Laws 2023, chapter 63, article 9, section 10, is amended to read:
Sec. 10. HEALTH
|
Subdivision 1.Total Appropriation
|
$ |
3,300,000 |
$ |
deleted text begin
20,252,000
deleted text end
new text begin
17,525,000 new text end |
The base for this appropriation is deleted text begin $19,064,000deleted text end new text begin
$17,742,000new text end in fiscal year 2026 and deleted text begin each fiscal
year thereafterdeleted text end new text begin $17,678,000 in fiscal year
2027new text end .
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
Subd. 2.Youth new text begin Prevention and new text end Educationnew text begin
|
-0- |
deleted text begin
5,000,000
deleted text end
new text begin
4,363,000 new text end |
For new text begin administration and new text end grants under Minnesota
Statutes, section 144.197, subdivision 1.new text begin Of
the amount appropriated, $2,863,000 is for
program operations and administration and
$1,500,000 is for grants. The base for this
appropriation is $4,534,000 in fiscal year 2026
and $4,470,000 in fiscal year 2027.
new text end
Subd. 3.new text begin Prevention and new text end Education deleted text begin Grantsdeleted text end for
|
-0- |
deleted text begin
2,000,000
deleted text end
new text begin
1,788,000 new text end |
For deleted text begin grants underdeleted text end new text begin a coordinated prevention and
education program for pregnant and
breastfeeding individuals undernew text end Minnesota
Statutes, section 144.197, subdivision 2.new text begin The
base for this appropriation is $1,834,000
beginning in fiscal year 2026.
new text end
Subd. 4.Local and Tribal Health Departments
|
-0- |
10,000,000 |
For new text begin administration and new text end grants under Minnesota
Statutes, section 144.197, subdivision 4.new text begin Of
the amount appropriated, $1,094,000 is for
administration and $8,906,000 is for grants.
new text end
Subd. 5.Cannabis Data Collection and Biennial
|
493,000 |
493,000 |
For reports under Minnesota Statutes, section
144.196.
Subd. 6.Administration for Expungement
|
71,000 |
71,000 |
For administration related to orders issued by
the Cannabis Expungement Board. The base
for this appropriation is $71,000 in fiscal year
2026, $71,000 in fiscal year 2027, $71,000 in
fiscal year 2028, $71,000 in fiscal year 2029,
and $0 in fiscal year 2030.
Subd. 7.Grants to the Minnesota Poison Control
|
910,000 |
810,000 |
For new text begin administration and new text end grants under Minnesota
Statutes, section 145.93.new text begin Of the amount
appropriated in fiscal year 2025, $15,000 is
for administration and $795,000 is for grants.
new text end
Subd. 8.Temporary Regulation of Edible
|
1,107,000 |
deleted text begin
1,107,000
deleted text end
new text begin
-0- new text end |
For temporary regulation under the health
enforcement consolidation act of edible
products extracted from hemp. new text begin The
commissioner may transfer encumbrances and
unobligated amounts to the Office of Cannabis
Management for this purpose. new text end This is a
onetime appropriation.
Subd. 9.Testingdeleted text begin .
|
719,000 |
deleted text begin
771,000
deleted text end
new text begin
-0- new text end |
For testing of edible cannabinoid products.
deleted text begin The base for this appropriation is $690,000 in
fiscal year 2026 and each fiscal year thereafter.deleted text end new text begin
The commissioner may transfer encumbrances
and unobligated amounts to the Office of
Cannabis Management for this purpose.
new text end
Laws 2023, chapter 63, article 9, section 19, is amended to read:
deleted text begin (a)deleted text end The commissioner of management and budget must reduce general fund appropriations
to the commissioner of corrections by $165,000 in fiscal year 2024 and $368,000 in fiscal
year 2025. The commissioner must reduce the base for general fund appropriations to the
commissioner of corrections by $460,000 in fiscal year 2026 and $503,000 in fiscal year
2027.
deleted text begin
(b) The commissioner of management and budget must reduce general fund appropriations
to the commissioner of health by $260,000 in fiscal year 2025 for the administration of the
medical cannabis program. The commissioner must reduce the base for general fund
appropriations to the commissioner of health by $781,000 in fiscal year 2026 and each fiscal
year thereafter.
deleted text end
deleted text begin
(c) The commissioner of management and budget must reduce state government special
revenue fund appropriations to the commissioner of health by $1,141,000 in fiscal year
2025 for the administration of the medical cannabis program. The commissioner must reduce
the base for state government special revenue fund appropriations to the commissioner of
health by $3,424,000 in fiscal year 2026 and each fiscal year thereafter.
deleted text end
Laws 2023, chapter 63, article 9, section 20, is amended to read:
deleted text begin (a)deleted text end $1,000,000 in fiscal year 2024 and $1,000,000 in fiscal year 2025 are transferred
from the general fund to the dual training account in the special revenue fund under
Minnesota Statutes, section 136A.246, subdivision 10, for grants to employers in the legal
cannabis industry. The base for this transfer is $1,000,000 in fiscal year 2026 and each fiscal
year thereafter. The commissioner may use up to six percent of the amount transferred for
administrative costs. The commissioner shall give priority to applications from employers
who are, or who are training employees who are, eligible to be social equity applicants
under Minnesota Statutes, section 342.17. After June 30, 2025, any unencumbered balance
from this transfer may be used for grants to any eligible employer under Minnesota Statutes,
section 136A.246.
deleted text begin
(b) $5,500,000 in fiscal year 2024 and $5,500,000 in fiscal year 2025 are transferred
from the general fund to the substance use treatment, recovery, and prevention grant account
established under Minnesota Statutes, section 342.72. The base for this transfer is $5,500,000
in fiscal year 2026 and each fiscal year thereafter.
deleted text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 144.197, is amended to read:
The commissioner of health,
in consultation with the commissioners of human services and education and in collaboration
with local health departmentsnew text begin and Tribal health departmentsnew text end , shall conduct a long-term,
coordinated deleted text begin educationdeleted text end program to raise public awareness about deleted text begin and address the top threedeleted text end new text begin
substance misuse prevention, treatment options, and recovery options. The program must
addressnew text end adverse health effectsdeleted text begin , as determined by the commissioner,deleted text end associated with the use
of cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived
consumer products by persons under age 25. In conducting this education program, the
commissioner shall engage and consult with youth around the state on program content and
on methods to effectively disseminate program information to youth around the state.
The commissioner of health,
in consultation with the commissioners of human services and education, shall conduct a
long-term, coordinated new text begin prevention new text end program deleted text begin to educatedeleted text end new text begin focused on (1) preventing substance
use bynew text end pregnant individuals, breastfeeding individuals, and individuals who may become
pregnantnew text begin , and (2) raising public awareness of the risks of substance use while pregnant or
breastfeeding. The program must include educationnew text end on the adverse health effects of prenatal
exposure to cannabis flower, cannabis products, lower-potency hemp edibles, or
hemp-derived consumer products and on the adverse health effects experienced by infants
and children who are exposed to cannabis flower, cannabis products, lower-potency hemp
edibles, or hemp-derived consumer products in breast milk, from secondhand smoke, or by
ingesting cannabinoid products. deleted text begin Thisdeleted text end new text begin The prevention and new text end education program must also
educate individuals on what constitutes a substance use disorder, signs of a substance use
disorder, and treatment options for persons with a substance use disorder.new text begin The prevention
and education program must also provide resources, including training resources, technical
assistance, or educational materials, to local public health home visiting programs, Tribal
home visiting programs, and child welfare workers.
new text end
deleted text begin
The commissioner of health shall provide training,
technical assistance, and education materials to local public health home visiting programs
and Tribal home visiting programs and child welfare workers regarding the safe and unsafe
use of cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived
consumer products in homes with infants and young children. Training, technical assistance,
and education materials shall address substance use, the signs of a substance use disorder,
treatment options for persons with a substance use disorder, the dangers of driving under
the influence of cannabis flower, cannabis products, lower-potency hemp edibles, or
hemp-derived consumer products, how to safely consume cannabis flower, cannabis products,
lower-potency hemp edibles, or hemp-derived consumer products in homes with infants
and young children, and how to prevent infants and young children from being exposed to
cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer
products by ingesting cannabinoid products or through secondhand smoke.
deleted text end
The commissioner of health shall
distribute grants to local health departments and Tribal health departments for deleted text begin thesedeleted text end new text begin thenew text end
departments to create deleted text begin and disseminate educational materials on cannabis flower, cannabis
products, lower-potency hemp edibles, and hemp-derived consumer products and to provide
safe use and prevention training, education, technical assistance, and community engagement
regarding cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived
consumer products.deleted text end new text begin prevention, education, and recovery programs focusing on substance
misuse prevention and treatment options. The programs may include specific cannabis-related
initiatives.
new text end
Minnesota Statutes 2023 Supplement, section 342.15, is amended by adding a
subdivision to read:
new text begin
A cannabis business background check account is
established as a separate account in the special revenue fund. All fees received by the office
under subdivision 1 must be deposited in the account and are appropriated to the office to
pay for the criminal records checks conducted by the Bureau of Criminal Apprehension and
Federal Bureau of Investigation.
new text end
Minnesota Statutes 2023 Supplement, section 342.72, is amended to read:
A substance use
treatment, recovery, and prevention grant deleted text begin accountdeleted text end new text begin programnew text end is deleted text begin created in the special revenue
funddeleted text end new text begin established and must be administered by the commissioner of healthnew text end . deleted text begin Money in the
account, including interest earned, is appropriated to the office for the purposes specified
in this section. Of the amount transferred from the general fund to the account, the office
may use up to five percent for administrative expenses.
deleted text end
deleted text begin
Notwithstanding sections 16A.013 to 16A.016,
the office may accept money contributed by individuals and may apply for grants from
charitable foundations to be used for the purposes identified in this section. The money
accepted under this section must be deposited in the substance use treatment, recovery, and
prevention grant account created under subdivision 1.
deleted text end
(a) deleted text begin Money in thedeleted text end Substance use treatment,
recovery, and prevention deleted text begin grant accountdeleted text end new text begin grantsnew text end must be distributed as follows:
(1) at least 75 percent of the money is for grants for substance use disorder and mental
health recovery and prevention programs. Funds must be used for recovery and prevention
activitiesnew text begin , including substance use prevention for youth,new text end and supplies that assist individuals
and families to initiate, stabilize, and maintain long-term recovery from substance use
disorders and co-occurring mental health conditions. Recovery and prevention activities
may include prevention education, school-linked behavioral health, school-based peer
programs, peer supports, self-care and wellness, culturally specific healing, community
public awareness, mutual aid networks, telephone recovery checkups, mental health
warmlines, harm reduction, recovery community organization development, first episode
psychosis programs, and recovery housing; and
(2) up to 25 percent of the money is for substance use disorder treatment programs as
defined in chapter 245G and may be used to implement, strengthen, or expand supportive
services and activities that are not covered by medical assistance under chapter 256B,
MinnesotaCare under chapter 256L, or the behavioral health fund under chapter 254B.
Services and activities may include adoption or expansion of evidence-based practices;
competency-based training; continuing education; culturally specific and culturally responsive
services; sober recreational activities; developing referral relationships; family preservation
and healing; and start-up or capacity funding for programs that specialize in adolescent,
culturally specific, culturally responsive, disability-specific, co-occurring disorder, or family
treatment services.
(b) The deleted text begin officedeleted text end new text begin commissioner of healthnew text end shall consult with the Governor's Advisory Council
on Opioids, Substance Use, and Addiction; the commissioner of human services; and deleted text begin the
commissioner of healthdeleted text end new text begin the Office of Cannabis Managementnew text end to develop an appropriate
application process, establish grant requirements, determine what organizations are eligible
to receive grants, and establish reporting requirements for grant recipients.
By January 15deleted text begin , 2024, anddeleted text end each deleted text begin January 15deleted text end deleted text begin thereafterdeleted text end new text begin
yearnew text end , the deleted text begin officedeleted text end new text begin commissioner of healthnew text end must submit a report to the chairs and ranking
minority members of the committees of the house of representatives and the senate having
jurisdiction over health and human services policy and finance that details deleted text begin grants awarded
fromdeleted text end the substance use treatment, recovery, and prevention deleted text begin grant accountdeleted text end new text begin grants awardednew text end ,
including the total amount awarded, total number of recipients, and geographic distribution
of those recipients.new text begin Notwithstanding section 144.05, subdivision 7, the reporting requirement
under this subdivision does not expire.
new text end
Laws 2023, chapter 70, article 20, section 2, subdivision 5, is amended to read:
Subd. 5.Central Office; Health Care
|
Appropriations by Fund |
||
General |
35,807,000 |
31,349,000 |
Health Care Access |
30,668,000 |
50,168,000 |
(a) Medical assistance and MinnesotaCare
accessibility improvements. $4,000,000 in
fiscal year 2024 is from the general fund for
interactive voice response upgrades and
translation services for medical assistance and
MinnesotaCare enrollees with limited English
proficiency. This appropriation is available
until June 30, 2025.
(b) Transforming service delivery. $155,000
in fiscal year 2024 and $180,000 in fiscal year
2025 are from the general fund for
transforming service delivery projects.
(c) Improving the Minnesota eligibility
technology system functionality. $1,604,000
in fiscal year 2024 and $711,000 in fiscal year
2025 are from the general fund for improving
the Minnesota eligibility technology system
functionality. The base for this appropriation
is $1,421,000 in fiscal year 2026 and $0 in
fiscal year 2027.
(d) Actuarial and economic analyses.
$2,500,000 is from the health care access fund
for actuarial and economic analyses and to
prepare and submit a state innovation waiver
under section 1332 of the federal Affordable
Care Act for a Minnesota public option health
care plan. This is a onetime appropriation and
is available until June 30, 2025.
(e) Contingent appropriation for Minnesota
public option health care plan. $22,000,000
in fiscal year 2025 is from the health care
access fundnew text begin for agency initiatives relatednew text end to
deleted text begin implementdeleted text end a Minnesota public option health
care plan. new text begin The commissioner of human
services, in fiscal year 2025, shall transfer
from this appropriation to the commissioner
of commerce an amount sufficient for the
commissioner of commerce to develop and
submit to the federal government a section
1332 waiver request to implement a Minnesota
public option health care plan. new text end This is a
onetime appropriation and deleted text begin is available upon
approval of a state innovation waiver under
section 1332 of the federal Affordable Care
Act. This appropriationdeleted text end is available until June
30, 2027.
(f) Carryforward authority. Notwithstanding
Minnesota Statutes, section 16A.28,
subdivision 3, $2,367,000 of the appropriation
in fiscal year 2024 is available until June 30,
2027.
(g) Base level adjustment. The general fund
base is $32,315,000 in fiscal year 2026 and
$27,536,000 in fiscal year 2027. The health
care access fund base is $28,168,000 in fiscal
year 2026 and $28,168,000 in fiscal year 2027.
new text begin
(a) The commissioner of commerce shall submit a
section 1332 waiver request pursuant to United States Code, title 42, section 18052, to the
Secretary of Health and Human Services to obtain federal approval to implement a public
option. The commissioner (1) may contract for any analyses, certification, data, or other
information required to complete the section 1332 waiver application in accordance with
Code of Federal Regulations, title 33, part 108; Code of Federal Regulations, title 155, part
1308; and any other applicable federal law, and (2) is not subject to contract requirements
under Minnesota Statutes, chapter 16C.
new text end
new text begin
(b) The commissioner of commerce shall also seek, as part of the waiver request, federal
approval for the state to:
new text end
new text begin
(1) continue receiving federal Medicaid payments for Medicaid-eligible individuals and
federal basic health program payments for basic health program-eligible MinnesotaCare
individuals; and
new text end
new text begin
(2) receive federal pass-through funding equal to the value of premium tax credits and
cost-sharing reductions that MinnesotaCare public option enrollees with household incomes
greater than 200 percent of the federal poverty guidelines would otherwise have received.
new text end
new text begin
(c) In developing the waiver request, the commissioner of commerce shall consult
regularly with the commissioner of human services and the MNsure board.
new text end
new text begin
(a)
The public option proposal submitted for waiver approval to the federal government must
be consistent with, but need not be identical to, the public option framework specified in
this section.
new text end
new text begin
(b) The commissioner of commerce, in developing the public option proposal, may
modify the public option framework specified in this section based on consultation with the
commissioner of human services and the MNsure board and any analyses, certification,
data, or other information provided as part of the waiver development process. The
commissioner of commerce shall incorporate into the public option proposal any
recommendations made by the commissioner of human services regarding the provisions
of Minnesota Statutes, chapter 256L, that would apply to the public option.
new text end
new text begin
(c) The commissioner of commerce shall present to the chairs and ranking minority
members of the legislative committees with jurisdiction over health care finance and policy
and health insurance an interim report on the public option proposal and waiver process by
December 15, 2024, and a final report by April 15, 2025. The interim and final reports must
include a description of and rationale for:
new text end
new text begin
(1) any significant changes from the public option framework specified in this section;
and
new text end
new text begin
(2) any features of the public option included in the waiver request but not addressed
by this framework.
new text end
new text begin
The final report must also include a copy of the waiver request submitted to the federal
government and any supporting material.
new text end
new text begin
(a) The commissioner of human services shall offer
the public option through the MNsure website. The MNsure website must (1) ensure simple,
convenient, and understandable access to enrollment in the public option, and (2) allow
individuals to compare public option coverage with other coverage options. The MNsure
board must extend the special enrollment period provisions that apply to qualified health
plan enrollment to individuals who are eligible to enroll in the public option.
new text end
new text begin
(b) The MNsure board shall provide administrative functions to facilitate the offering
of the public option by the commissioner of human services. These functions include but
are not limited to: marketing, call center operations, certification of insurance producers,
and making payments to navigators for the successful enrollment of applicants in the public
option. The MNsure board may provide additional administrative functions as requested
by the commissioner of human services.
new text end
new text begin
(c) An individual must be able to apply for and, if eligible, enroll in the public option
by completing the application for a qualified health plan with premium tax credits or
cost-sharing reductions. Enrollment in the public option must not require an applicant to
provide additional information or complete an action not required for an applicant to enroll
in a qualified health plan with premium tax credits or cost-sharing reductions. An individual
must provide information needed to confirm the individual is not eligible for medical
assistance under Minnesota Statutes, chapter 256B, or MinnesotaCare under Minnesota
Statutes, chapter 256L.
new text end
new text begin
(d) The MNsure board shall process all public option applications and make all eligibility
determinations for the public option. Eligibility decisions for the public option shall be
appealable to the MNsure board.
new text end
new text begin
(a) The MNsure board may establish certification
requirements that must be met by insurance producers in order to assist individuals with
enrolling in the public option.
new text end
new text begin
(b) For each applicant an insurance producer successfully enrolls in the public option,
a health carrier shall offer the same compensation or other incentives that it offers for
enrollment in other qualified health plans available through MNsure.
new text end
new text begin
(c) An insurance producer assisting an individual with enrollment in the public option
must disclose to that individual, orally and in writing at the time of first solicitation, that
the producer may receive compensation from the health carrier for enrolling the individual
in the public option.
new text end
new text begin
(a) Families and individuals with income
above the maximum income eligibility limit specified in Minnesota Statutes, section 256L.04,
subdivision 1 or 7, who meet all other MinnesotaCare eligibility requirements are eligible
for the MinnesotaCare public option, subject to the income limit phase-in and additional
requirements specified in this section. Families and individuals enrolled in the public option
shall be considered MinnesotaCare enrollees and all provisions of Minnesota Statutes,
chapter 256L, applying generally to MinnesotaCare enrollees shall apply to public option
enrollees, unless specified otherwise in this section and unless the commissioner of human
services determines that departures from the MinnesotaCare provisions are necessary to
obtain federal funding and communicates the decision to the commissioner of commerce
as part of the waiver development process.
new text end
new text begin
(b) Eligibility for the public option is subject to the following limits on household income:
new text end
new text begin
(1) 400 percent of the federal poverty guidelines for the first plan year;
new text end
new text begin
(2) 550 percent of the federal poverty guidelines for the second plan year; and
new text end
new text begin
(3) no household income limit for the third and subsequent plan years.
new text end
new text begin
(c) Families and individuals may enroll in the MinnesotaCare public option only during
an annual open enrollment period or special enrollment period, as designated by the MNsure
board in compliance with Code of Federal Regulations, title 45, sections 155.410 and
155.420.
new text end
new text begin
Public option enrollees shall pay premiums for individual or
family coverage, as applicable, according to the following premium scale:
new text end
new text begin
Household Income as Percentage of Federal Poverty Guidelines new text end |
||
new text begin
Greater Than or Equal to new text end |
new text begin
Not Exceeding new text end |
new text begin
Required Premium Contribution as Percentage of Household Income new text end |
new text begin
201% new text end |
new text begin
250% new text end |
new text begin
4.88% new text end |
new text begin
251% new text end |
new text begin
300% new text end |
new text begin
6.38% new text end |
new text begin
301% new text end |
new text begin
400% new text end |
new text begin
7.88% new text end |
new text begin
401% new text end |
new text begin
500% new text end |
new text begin
8.5% new text end |
new text begin
501% new text end |
new text begin
550% new text end |
new text begin
9.01% new text end |
new text begin
551% and over new text end |
new text begin
No maximum new text end |
new text begin
10% new text end |
new text begin
(a) Public option enrollees are subject to the MinnesotaCare
cost-sharing requirements established under Minnesota Statutes, section 256L.03, subdivision
5, except that:
new text end
new text begin
(1) cost-sharing applies to all public option enrollees and there are no exemptions;
new text end
new text begin
(2) the deductibles specified in paragraph (b) apply;
new text end
new text begin
(3) the commissioner of human services shall set cost-sharing for public option enrollees
at an actuarial value of 94 percent, except that the actuarial value for public option enrollees
with household incomes above 400 percent of the federal poverty guidelines may be lower
than 94 percent to reflect the deductibles required under paragraph (b); and
new text end
new text begin
(4) out-of-pocket maximums for public option enrollees must not exceed the out-of-pocket
maximums outlined in Code of Federal Regulations, title 45, section 156.130.
new text end
new text begin
(b) Public option enrollees shall be subject to the following annual deductibles:
new text end
new text begin
(1) for household incomes 401 percent to 500 percent of federal poverty guidelines,
$500;
new text end
new text begin
(2) for household incomes 501 percent to 600 percent of federal poverty guidelines,
$1,000; and
new text end
new text begin
(3) for household incomes 601 percent of federal poverty guidelines or above, $1,500.
new text end
new text begin
(c) No annual deductible shall apply to public option enrollees with household incomes
not exceeding 400 percent of the federal poverty guidelines.
new text end
new text begin
(a) The commissioner of human services shall
require managed care plans and county-based purchasing plans to reimburse health care
providers for services provided to MinnesotaCare public option enrollees at payment rates
equal to or greater than the fee-for-service Medicare payment rate for the same service or
for a similar service if the specific service is not reimbursed under Medicare.
new text end
new text begin
(b) Minnesota Statutes, section 256L.11, subdivision 1, shall not apply to provider
reimbursement for services delivered to MinnesotaCare public option enrollees.
new text end
new text begin
(a) The commissioner of human services
(1) shall contract with managed care and county-based purchasing plans for the delivery of
services to public option enrollees, and (2) may use a procurement process that is separate
and unique from that used to contract for the delivery of services to MinnesotaCare enrollees
who are not public option enrollees.
new text end
new text begin
(b) The commissioner of human services shall establish public option participation
requirements for managed care and county-based purchasing plans and health care providers.
Public option enrollees are not considered MinnesotaCare enrollees for the purpose of the
participation requirement specified in Minnesota Statutes, section 256B.0644.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
By January 30, 2025, the commissioner of commerce must report to the chairs and
ranking minority members of the legislative committees with jurisdiction over commerce,
health, and human services, regarding the balance of the premium security plan account
under Minnesota Statutes, section 62E.25, subdivision 1, the estimated cost to continue the
premium security plan, and the plan's future interactions with public health programs. The
report must include an assessment of potential alternatives that would be available upon
expiration of the current waiver.
new text end
Minnesota Statutes 2022, section 45.0135, subdivision 7, is amended to read:
Each insurer authorized to sell insurance in the state of Minnesota,
including surplus lines carriers, and having Minnesota earned premium the previous calendar
year shall remit an assessment to the commissioner for deposit in the insurance fraud
prevention account on or before June 1 of each year. The amount of the assessment shall
be based on the insurer's total assets and on the insurer's total written Minnesota premium,
for the preceding fiscal year, as reported pursuant to section 60A.13. deleted text begin The assessment is
calculated to be an amount up to the followingdeleted text end new text begin Beginning with the payment due on or before
June 1, 2024, the assessment amount isnew text end :
Total Assets |
Assessment |
|||
Less than $100,000,000 |
$ |
deleted text begin
200
deleted text end
new text begin
400 new text end |
||
$100,000,000 to $1,000,000,000 |
$ |
deleted text begin
750
deleted text end
new text begin
1,500 new text end |
||
Over $1,000,000,000 |
$ |
deleted text begin
2,000 deleted text end new text begin 4,000 new text end |
||
Minnesota Written Premium |
Assessment |
|||
Less than $10,000,000 |
$ |
deleted text begin
200
deleted text end
new text begin
400 new text end |
||
$10,000,000 to $100,000,000 |
$ |
deleted text begin
750
deleted text end
new text begin
1,500 new text end |
||
Over $100,000,000 |
$ |
deleted text begin
2,000
deleted text end
new text begin
4,000 new text end |
For purposes of this subdivision, the following entities are not considered to be insurers
authorized to sell insurance in the state of Minnesota: risk retention groups; or township
mutuals organized under chapter 67A.
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2022, section 62Q.73, subdivision 3, is amended to read:
(a) Any enrollee or anyone acting on behalf of an
enrollee who has received an adverse determination may submit a written request for an
external review of the adverse determination, if applicable under section 62Q.68, subdivision
1, or 62M.06, to the commissioner of health if the request involves a health plan company
regulated by that commissioner or to the commissioner of commerce if the request involves
a health plan company regulated by that commissioner. Notification of the enrollee's right
to external review must accompany the denial issued by the insurer. deleted text begin The written request
must be accompanied by a filing fee of $25. The fee may be waived by the commissioner
of health or commerce in cases of financial hardship and must be refunded if the adverse
determination is completely reversed. No enrollee may be subject to filing fees totaling
more than $75 during a plan year for group coverage or policy year for individual coverage.
deleted text end
(b) Nothing in this section requires the commissioner of health or commerce to
independently investigate an adverse determination referred for independent external review.
(c) If an enrollee requests an external review, the health plan company must participate
in the external review. The cost of the external review deleted text begin in excess of the filing fee described
in paragraph (a) shalldeleted text end new text begin mustnew text end be borne by the health plan company.
(d) The enrollee must request external review within six months from the date of the
adverse determination.
new text begin
The section referred to in this section is codified outside this
chapter. Those sections classify attorney general data as other than public, place restrictions
on access to government data, or involve data sharing.
new text end
new text begin
A data privacy and protection
assessment collected or maintained by the attorney general is classified under section
325O.08.
new text end
new text begin
This chapter may be cited as the "Minnesota Consumer Data Privacy Act."
new text end
new text begin
(a) For purposes of this chapter, the following terms have the meanings given.
new text end
new text begin
(b) "Affiliate" means a legal entity that controls, is controlled by, or is under common
control with another legal entity. For purposes of this paragraph, "control" or "controlled"
means: ownership of or the power to vote more than 50 percent of the outstanding shares
of any class of voting security of a company; control in any manner over the election of a
majority of the directors or of individuals exercising similar functions; or the power to
exercise a controlling influence over the management of a company.
new text end
new text begin
(c) "Authenticate" means to use reasonable means to determine that a request to exercise
any of the rights under section 325O.05, subdivision 1, paragraphs (b) to (h), is being made
by or rightfully on behalf of the consumer who is entitled to exercise the rights with respect
to the personal data at issue.
new text end
new text begin
(d) "Biometric data" means data generated by automatic measurements of an individual's
biological characteristics, including a fingerprint, a voiceprint, eye retinas, irises, or other
unique biological patterns or characteristics that are used to identify a specific individual.
Biometric data does not include:
new text end
new text begin
(1) a digital or physical photograph;
new text end
new text begin
(2) an audio or video recording; or
new text end
new text begin
(3) any data generated from a digital or physical photograph, or an audio or video
recording, unless the data is generated to identify a specific individual.
new text end
new text begin
(e) "Child" has the meaning given in United States Code, title 15, section 6501.
new text end
new text begin
(f) "Consent" means any freely given, specific, informed, and unambiguous indication
of the consumer's wishes by which the consumer signifies agreement to the processing of
personal data relating to the consumer. Acceptance of a general or broad terms of use or
similar document that contains descriptions of personal data processing along with other,
unrelated information does not constitute consent. Hovering over, muting, pausing, or closing
a given piece of content does not constitute consent. A consent is not valid when the
consumer's indication has been obtained by a dark pattern. A consumer may revoke consent
previously given, consistent with this chapter.
new text end
new text begin
(g) "Consumer" means a natural person who is a Minnesota resident acting only in an
individual or household context. Consumer does not include a natural person acting in a
commercial or employment context.
new text end
new text begin
(h) "Controller" means the natural or legal person who, alone or jointly with others,
determines the purposes and means of the processing of personal data.
new text end
new text begin
(i) "Decisions that produce legal or similarly significant effects concerning the consumer"
means decisions made by the controller that result in the provision or denial by the controller
of financial or lending services, housing, insurance, education enrollment or opportunity,
criminal justice, employment opportunities, health care services, or access to essential goods
or services.
new text end
new text begin
(j) "Dark pattern" means a user interface designed or manipulated with the substantial
effect of subverting or impairing user autonomy, decision making, or choice.
new text end
new text begin
(k) "Deidentified data" means data that cannot reasonably be used to infer information
about or otherwise be linked to an identified or identifiable natural person or a device linked
to an identified or identifiable natural person, provided that the controller that possesses the
data:
new text end
new text begin
(1) takes reasonable measures to ensure that the data cannot be associated with a natural
person;
new text end
new text begin
(2) publicly commits to process the data only in a deidentified fashion and not attempt
to reidentify the data; and
new text end
new text begin
(3) contractually obligates any recipients of the information to comply with all provisions
of this paragraph.
new text end
new text begin
(l) "Delete" means to remove or destroy information so that it is not maintained in human-
or machine-readable form and cannot be retrieved or utilized in the ordinary course of
business.
new text end
new text begin
(m) "Genetic information" has the meaning given in section 13.386, subdivision 1.
new text end
new text begin
(n) "Identified or identifiable natural person" means a person who can be readily
identified, directly or indirectly.
new text end
new text begin
(o) "Known child" means a person under circumstances where a controller has actual
knowledge of, or willfully disregards, that the person is under 13 years of age.
new text end
new text begin
(p) "Personal data" means any information that is linked or reasonably linkable to an
identified or identifiable natural person. Personal data does not include deidentified data or
publicly available information. For purposes of this paragraph, "publicly available
information" means information that (1) is lawfully made available from federal, state, or
local government records or widely distributed media, or (2) a controller has a reasonable
basis to believe has lawfully been made available to the general public.
new text end
new text begin
(q) "Process" or "processing" means any operation or set of operations that are performed
on personal data or on sets of personal data, whether or not by automated means, including
but not limited to the collection, use, storage, disclosure, analysis, deletion, or modification
of personal data.
new text end
new text begin
(r) "Processor" means a natural or legal person who processes personal data on behalf
of a controller.
new text end
new text begin
(s) "Profiling" means any form of automated processing of personal data to evaluate,
analyze, or predict personal aspects related to an identified or identifiable natural person's
economic situation, health, personal preferences, interests, reliability, behavior, location,
or movements.
new text end
new text begin
(t) "Pseudonymous data" means personal data that cannot be attributed to a specific
natural person without the use of additional information, provided that the additional
information is kept separately and is subject to appropriate technical and organizational
measures to ensure that the personal data are not attributed to an identified or identifiable
natural person.
new text end
new text begin
(u) "Sale," "sell," or "sold" means the exchange of personal data for monetary or other
valuable consideration by the controller to a third party. Sale does not include the following:
new text end
new text begin
(1) the disclosure of personal data to a processor who processes the personal data on
behalf of the controller;
new text end
new text begin
(2) the disclosure of personal data to a third party for purposes of providing a product
or service requested by the consumer;
new text end
new text begin
(3) the disclosure or transfer of personal data to an affiliate of the controller;
new text end
new text begin
(4) the disclosure of information that the consumer intentionally made available to the
general public via a channel of mass media and did not restrict to a specific audience;
new text end
new text begin
(5) the disclosure or transfer of personal data to a third party as an asset that is part of a
completed or proposed merger, acquisition, bankruptcy, or other transaction in which the
third party assumes control of all or part of the controller's assets; or
new text end
new text begin
(6) the exchange of personal data between the producer of a good or service and
authorized agents of the producer who sell and service the goods and services, to enable
the cooperative provisioning of goods and services by both the producer and the producer's
agents.
new text end
new text begin
(v) Sensitive data is a form of personal data. "Sensitive data" means:
new text end
new text begin
(1) personal data revealing racial or ethnic origin, religious beliefs, mental or physical
health condition or diagnosis, sexual orientation, or citizenship or immigration status;
new text end
new text begin
(2) the processing of biometric data or genetic information for the purpose of uniquely
identifying an individual;
new text end
new text begin
(3) the personal data of a known child; or
new text end
new text begin
(4) specific geolocation data.
new text end
new text begin
(w) "Specific geolocation data" means information derived from technology, including
but not limited to global positioning system level latitude and longitude coordinates or other
mechanisms, that directly identifies the geographic coordinates of a consumer or a device
linked to a consumer with an accuracy of more than three decimal degrees of latitude and
longitude or the equivalent in an alternative geographic coordinate system, or a street address
derived from the coordinates. Specific geolocation data does not include the content of
communications, the contents of databases containing street address information which are
accessible to the public as authorized by law, or any data generated by or connected to
advanced utility metering infrastructure systems or other equipment for use by a public
utility.
new text end
new text begin
(x) "Targeted advertising" means displaying advertisements to a consumer where the
advertisement is selected based on personal data obtained or inferred from the consumer's
activities over time and across nonaffiliated websites or online applications to predict the
consumer's preferences or interests. Targeted advertising does not include:
new text end
new text begin
(1) advertising based on activities within a controller's own websites or online
applications;
new text end
new text begin
(2) advertising based on the context of a consumer's current search query or visit to a
website or online application;
new text end
new text begin
(3) advertising to a consumer in response to the consumer's request for information or
feedback; or
new text end
new text begin
(4) processing personal data solely for measuring or reporting advertising performance,
reach, or frequency.
new text end
new text begin
(y) "Third party" means a natural or legal person, public authority, agency, or body other
than the consumer, controller, processor, or an affiliate of the processor or the controller.
new text end
new text begin
(z) "Trade secret" has the meaning given in section 325C.01, subdivision 5.
new text end
new text begin
(a) This chapter applies to legal entities that conduct business in
Minnesota or produce products or services that are targeted to residents of Minnesota, and
that satisfy one or more of the following thresholds:
new text end
new text begin
(1) during a calendar year, controls or processes personal data of 100,000 consumers or
more, excluding personal data controlled or processed solely for the purpose of completing
a payment transaction; or
new text end
new text begin
(2) derives over 25 percent of gross revenue from the sale of personal data and processes
or controls personal data of 25,000 consumers or more.
new text end
new text begin
(b) A controller or processor acting as a technology provider under section 13.32 shall
comply with this chapter and section 13.32, except that when the provisions of section 13.32
conflict with this chapter, section 13.32 prevails.
new text end
new text begin
(a) This chapter does not apply to the following entities, activities,
or types of information:
new text end
new text begin
(1) a government entity, as defined by section 13.02, subdivision 7a;
new text end
new text begin
(2) a federally recognized Indian tribe;
new text end
new text begin
(3) information that meets the definition of:
new text end
new text begin
(i) protected health information, as defined by and for purposes of the Health Insurance
Portability and Accountability Act of 1996, Public Law 104-191, and related regulations;
new text end
new text begin
(ii) health records, as defined in section 144.291, subdivision 2;
new text end
new text begin
(iii) patient identifying information for purposes of Code of Federal Regulations, title
42, part 2, established pursuant to United States Code, title 42, section 290dd-2;
new text end
new text begin
(iv) identifiable private information for purposes of the federal policy for the protection
of human subjects, Code of Federal Regulations, title 45, part 46; identifiable private
information that is otherwise information collected as part of human subjects research
pursuant to the good clinical practice guidelines issued by the International Council for
Harmonisation; the protection of human subjects under Code of Federal Regulations, title
21, parts 50 and 56; or personal data used or shared in research conducted in accordance
with one or more of the requirements set forth in this paragraph;
new text end
new text begin
(v) information and documents created for purposes of the federal Health Care Quality
Improvement Act of 1986, Public Law 99-660, and related regulations; or
new text end
new text begin
(vi) patient safety work product for purposes of Code of Federal Regulations, title 42,
part 3, established pursuant to United States Code, title 42, sections 299b-21 to 299b-26;
new text end
new text begin
(4) information that is derived from any of the health care-related information listed in
clause (3), but that has been deidentified in accordance with the requirements for
deidentification set forth in Code of Federal Regulations, title 45, part 164;
new text end
new text begin
(5) information originating from, and intermingled to be indistinguishable with, any of
the health care-related information listed in clause (3) that is maintained by:
new text end
new text begin
(i) a covered entity or business associate, as defined by the Health Insurance Portability
and Accountability Act of 1996, Public Law 104-191, and related regulations;
new text end
new text begin
(ii) a health care provider, as defined in section 144.291, subdivision 2; or
new text end
new text begin
(iii) a program or a qualified service organization, as defined by Code of Federal
Regulations, title 42, part 2, established pursuant to United States Code, title 42, section
290dd-2;
new text end
new text begin
(6) information that is:
new text end
new text begin
(i) maintained by an entity that meets the definition of health care provider under Code
of Federal Regulations, title 45, section 160.103, to the extent that the entity maintains the
information in the manner required of covered entities with respect to protected health
information for purposes of the Health Insurance Portability and Accountability Act of
1996, Public Law 104-191, and related regulations;
new text end
new text begin
(ii) included in a limited data set, as described under Code of Federal Regulations, title
45, part 164.514(e), to the extent that the information is used, disclosed, and maintained in
the manner specified by that part;
new text end
new text begin
(iii) maintained by, or maintained to comply with the rules or orders of, a self-regulatory
organization as defined by United States Code, title 15, section 78c(a)(26); or
new text end
new text begin
(iv) originated from, or intermingled with, information described in clause (9) and that
a licensed residential mortgage originator, as defined under section 58.02, subdivision 19,
or residential mortgage servicer, as defined under section 58.02, subdivision 20, collects,
processes, uses, or maintains in the same manner as required under the laws and regulations
specified in clause (9);
new text end
new text begin
(7) information used only for public health activities and purposes, as described under
Code of Federal Regulations, title 45, part 164.512;
new text end
new text begin
(8) an activity involving the collection, maintenance, disclosure, sale, communication,
or use of any personal data bearing on a consumer's credit worthiness, credit standing, credit
capacity, character, general reputation, personal characteristics, or mode of living by a
consumer reporting agency, as defined in United States Code, title 15, section 1681a(f), by
a furnisher of information, as set forth in United States Code, title 15, section 1681s-2, who
provides information for use in a consumer report, as defined in United States Code, title
15, section 1681a(d), and by a user of a consumer report, as set forth in United States Code,
title 15, section 1681b, except that information is only excluded under this paragraph to the
extent that the activity involving the collection, maintenance, disclosure, sale, communication,
or use of the information by the agency, furnisher, or user is subject to regulation under the
federal Fair Credit Reporting Act, United States Code, title 15, sections 1681 to 1681x, and
the information is not collected, maintained, used, communicated, disclosed, or sold except
as authorized by the Fair Credit Reporting Act;
new text end
new text begin
(9) personal data collected, processed, sold, or disclosed pursuant to the federal
Gramm-Leach-Bliley Act, Public Law 106-102, and implementing regulations, if the
collection, processing, sale, or disclosure is in compliance with that law;
new text end
new text begin
(10) personal data collected, processed, sold, or disclosed pursuant to the federal Driver's
Privacy Protection Act of 1994, United States Code, title 18, sections 2721 to 2725, if the
collection, processing, sale, or disclosure is in compliance with that law;
new text end
new text begin
(11) personal data regulated by the federal Family Educational Rights and Privacy Act,
United States Code, title 20, section 1232g, and implementing regulations;
new text end
new text begin
(12) personal data collected, processed, sold, or disclosed pursuant to the federal Farm
Credit Act of 1971, as amended, United States Code, title 12, sections 2001 to 2279cc, and
implementing regulations, Code of Federal Regulations, title 12, part 600, if the collection,
processing, sale, or disclosure is in compliance with that law;
new text end
new text begin
(13) data collected or maintained:
new text end
new text begin
(i) in the course of an individual acting as a job applicant to or an employee, owner,
director, officer, medical staff member, or contractor of a business if the data is collected
and used solely within the context of the role;
new text end
new text begin
(ii) as the emergency contact information of an individual under item (i) if used solely
for emergency contact purposes; or
new text end
new text begin
(iii) that is necessary for the business to retain to administer benefits for another individual
relating to the individual under item (i) if used solely for the purposes of administering those
benefits;
new text end
new text begin
(14) personal data collected, processed, sold, or disclosed pursuant to the Minnesota
Insurance Fair Information Reporting Act in sections 72A.49 to 72A.505;
new text end
new text begin
(15) data collected, processed, sold, or disclosed as part of a payment-only credit, check,
or cash transaction where no data about consumers, as defined in section 325O.02, are
retained;
new text end
new text begin
(16) a state or federally chartered bank or credit union, or an affiliate or subsidiary that
is principally engaged in financial activities, as described in United States Code, title 12,
section 1843(k);
new text end
new text begin
(17) information that originates from, or is intermingled so as to be indistinguishable
from, information described in clause (8) and that a person licensed under chapter 56 collects,
processes, uses, or maintains in the same manner as is required under the laws and regulations
specified in clause (8);
new text end
new text begin
(18) an insurance company, as defined in section 60A.02, subdivision 4, an insurance
producer, as defined in section 60K.31, subdivision 6, a third-party administrator of
self-insurance, or an affiliate or subsidiary of any entity identified in this clause that is
principally engaged in financial activities, as described in United States Code, title 12,
section 1843(k), except that this clause does not apply to a person that, alone or in
combination with another person, establishes and maintains a self-insurance program that
does not otherwise engage in the business of entering into policies of insurance;
new text end
new text begin
(19) a small business, as defined by the United States Small Business Administration
under Code of Federal Regulations, title 13, part 121, except that a small business identified
in this clause is subject to section 325O.075;
new text end
new text begin
(20) a nonprofit organization that is established to detect and prevent fraudulent acts in
connection with insurance; and
new text end
new text begin
(21) an air carrier subject to the federal Airline Deregulation Act, Public Law 95-504,
only to the extent that an air carrier collects personal data related to prices, routes, or services
and only to the extent that the provisions of the Airline Deregulation Act preempt the
requirements of this chapter.
new text end
new text begin
(b) Controllers that are in compliance with the Children's Online Privacy Protection Act,
United States Code, title 15, sections 6501 to 6506, and implementing regulations, shall be
deemed compliant with any obligation to obtain parental consent under this chapter.
new text end
new text begin
(a) Controllers and processors are responsible for meeting the respective obligations
established under this chapter.
new text end
new text begin
(b) Processors are responsible under this chapter for adhering to the instructions of the
controller and assisting the controller to meet the controller's obligations under this chapter.
Assistance under this paragraph shall include the following:
new text end
new text begin
(1) taking into account the nature of the processing, the processor shall assist the controller
by appropriate technical and organizational measures, insofar as this is possible, for the
fulfillment of the controller's obligation to respond to consumer requests to exercise their
rights pursuant to section 325O.05; and
new text end
new text begin
(2) taking into account the nature of processing and the information available to the
processor, the processor shall assist the controller in meeting the controller's obligations in
relation to the security of processing the personal data and in relation to the notification of
a breach of the security of the system pursuant to section 325E.61, and shall provide
information to the controller necessary to enable the controller to conduct and document
any data privacy and protection assessments required by section 325O.08.
new text end
new text begin
(c) A contract between a controller and a processor shall govern the processor's data
processing procedures with respect to processing performed on behalf of the controller. The
contract shall be binding and clearly set forth instructions for processing data, the nature
and purpose of processing, the type of data subject to processing, the duration of processing,
and the rights and obligations of both parties. The contract shall also require that the
processor:
new text end
new text begin
(1) ensure that each person processing the personal data is subject to a duty of
confidentiality with respect to the data; and
new text end
new text begin
(2) engage a subcontractor only (i) after providing the controller with an opportunity to
object, and (ii) pursuant to a written contract in accordance with paragraph (e) that requires
the subcontractor to meet the obligations of the processor with respect to the personal data.
new text end
new text begin
(d) Taking into account the context of processing, the controller and the processor shall
implement appropriate technical and organizational measures to ensure a level of security
appropriate to the risk and establish a clear allocation of the responsibilities between the
controller and the processor to implement the technical and organizational measures.
new text end
new text begin
(e) Processing by a processor shall be governed by a contract between the controller and
the processor that is binding on both parties and that sets out the processing instructions to
which the processor is bound, including the nature and purpose of the processing, the type
of personal data subject to the processing, the duration of the processing, and the obligations
and rights of both parties. The contract shall include the requirements imposed by this
paragraph, paragraphs (c) and (d), as well as the following requirements:
new text end
new text begin
(1) at the choice of the controller, the processor shall delete or return all personal data
to the controller as requested at the end of the provision of services, unless retention of the
personal data is required by law;
new text end
new text begin
(2) upon a reasonable request from the controller, the processor shall make available to
the controller all information necessary to demonstrate compliance with the obligations in
this chapter; and
new text end
new text begin
(3) the processor shall allow for, and contribute to, reasonable assessments and inspections
by the controller or the controller's designated assessor. Alternatively, the processor may
arrange for a qualified and independent assessor to conduct, at least annually and at the
processor's expense, an assessment of the processor's policies and technical and organizational
measures in support of the obligations under this chapter. The assessor must use an
appropriate and accepted control standard or framework and assessment procedure for
assessments as applicable, and shall provide a report of an assessment to the controller upon
request.
new text end
new text begin
(f) In no event shall any contract relieve a controller or a processor from the liabilities
imposed on a controller or processor by virtue of the controller's or processor's roles in the
processing relationship under this chapter.
new text end
new text begin
(g) Determining whether a person is acting as a controller or processor with respect to
a specific processing of data is a fact-based determination that depends upon the context in
which personal data are to be processed. A person that is not limited in the person's processing
of personal data pursuant to a controller's instructions, or that fails to adhere to a controller's
instructions, is a controller and not a processor with respect to a specific processing of data.
A processor that continues to adhere to a controller's instructions with respect to a specific
processing of personal data remains a processor. If a processor begins, alone or jointly with
others, determining the purposes and means of the processing of personal data, the processor
is a controller with respect to the processing.
new text end
new text begin
(a) Except as provided in this chapter, a
controller must comply with a request to exercise the consumer rights provided in this
subdivision.
new text end
new text begin
(b) A consumer has the right to confirm whether or not a controller is processing personal
data concerning the consumer and access the categories of personal data the controller is
processing.
new text end
new text begin
(c) A consumer has the right to correct inaccurate personal data concerning the consumer,
taking into account the nature of the personal data and the purposes of the processing of the
personal data.
new text end
new text begin
(d) A consumer has the right to delete personal data concerning the consumer.
new text end
new text begin
(e) A consumer has the right to obtain personal data concerning the consumer, which
the consumer previously provided to the controller, in a portable and, to the extent technically
feasible, readily usable format that allows the consumer to transmit the data to another
controller without hindrance, where the processing is carried out by automated means.
new text end
new text begin
(f) A consumer has the right to opt out of the processing of personal data concerning
the consumer for purposes of targeted advertising, the sale of personal data, or profiling in
furtherance of automated decisions that produce legal effects concerning a consumer or
similarly significant effects concerning a consumer.
new text end
new text begin
(g) If a consumer's personal data is profiled in furtherance of decisions that produce
legal effects concerning a consumer or similarly significant effects concerning a consumer,
the consumer has the right to question the result of the profiling, to be informed of the reason
that the profiling resulted in the decision, and, if feasible, to be informed of what actions
the consumer might have taken to secure a different decision and the actions that the
consumer might take to secure a different decision in the future. The consumer has the right
to review the consumer's personal data used in the profiling. If the decision is determined
to have been based upon inaccurate personal data, taking into account the nature of the
personal data and the purposes of the processing of the personal data, the consumer has the
right to have the data corrected and the profiling decision reevaluated based upon the
corrected data.
new text end
new text begin
(h) A consumer has a right to obtain a list of the specific third parties to which the
controller has disclosed the consumer's personal data. If the controller does not maintain
the information in a format specific to the consumer, a list of specific third parties to whom
the controller has disclosed any consumers' personal data may be provided instead.
new text end
new text begin
(a) A consumer may exercise the rights set forth
in this section by submitting a request, at any time, to a controller specifying which rights
the consumer wishes to exercise.
new text end
new text begin
(b) In the case of processing personal data concerning a known child, the parent or legal
guardian of the known child may exercise the rights of this chapter on the child's behalf.
new text end
new text begin
(c) In the case of processing personal data concerning a consumer legally subject to
guardianship or conservatorship under sections 524.5-101 to 524.5-502, the guardian or the
conservator of the consumer may exercise the rights of this chapter on the consumer's behalf.
new text end
new text begin
(d) A consumer may designate another person as the consumer's authorized agent to
exercise the consumer's right to opt out of the processing of the consumer's personal data
for purposes of targeted advertising and sale under subdivision 1, paragraph (f), on the
consumer's behalf. A consumer may designate an authorized agent by way of, among other
things, a technology, including but not limited to an Internet link or a browser setting,
browser extension, or global device setting, indicating the consumer's intent to opt out of
the processing. A controller shall comply with an opt-out request received from an authorized
agent if the controller is able to verify, with commercially reasonable effort, the identity of
the consumer and the authorized agent's authority to act on the consumer's behalf.
new text end
new text begin
(a) A controller must allow a consumer to opt
out of any processing of the consumer's personal data for the purposes of targeted advertising,
or any sale of the consumer's personal data through an opt-out preference signal sent, with
the consumer's consent, by a platform, technology, or mechanism to the controller indicating
the consumer's intent to opt out of the processing or sale. The platform, technology, or
mechanism must:
new text end
new text begin
(1) not unfairly disadvantage another controller;
new text end
new text begin
(2) not make use of a default setting, but require the consumer to make an affirmative,
freely given, and unambiguous choice to opt out of the processing of the consumer's personal
data;
new text end
new text begin
(3) be consumer-friendly and easy to use by the average consumer;
new text end
new text begin
(4) be as consistent as possible with any other similar platform, technology, or mechanism
required by any federal or state law or regulation; and
new text end
new text begin
(5) enable the controller to accurately determine whether the consumer is a Minnesota
resident and whether the consumer has made a legitimate request to opt out of any sale of
the consumer's personal data or targeted advertising. For purposes of this paragraph, the
use of an Internet protocol address to estimate the consumer's location is sufficient to
determine the consumer's residence.
new text end
new text begin
(b) If a consumer's opt-out request is exercised through the platform, technology, or
mechanism required under paragraph (a), and the request conflicts with the consumer's
existing controller-specific privacy setting or voluntary participation in a controller's bona
fide loyalty, rewards, premium features, discounts, or club card program, the controller
must comply with the consumer's opt-out preference signal but may also notify the consumer
of the conflict and provide the consumer a choice to confirm the controller-specific privacy
setting or participation in the controller's program.
new text end
new text begin
(c) The platform, technology, or mechanism required under paragraph (a) is subject to
the requirements of subdivision 4.
new text end
new text begin
(d) A controller that recognizes opt-out preference signals that have been approved by
other state laws or regulations is in compliance with this subdivision.
new text end
new text begin
(a) Except as provided in this
chapter, a controller must comply with a request to exercise the rights pursuant to subdivision
1.
new text end
new text begin
(b) A controller must provide one or more secure and reliable means for consumers to
submit a request to exercise the consumer's rights under this section. The means made
available must take into account the ways in which consumers interact with the controller
and the need for secure and reliable communication of the requests.
new text end
new text begin
(c) A controller may not require a consumer to create a new account in order to exercise
a right, but a controller may require a consumer to use an existing account to exercise the
consumer's rights under this section.
new text end
new text begin
(d) A controller must comply with a request to exercise the right in subdivision 1,
paragraph (f), as soon as feasibly possible, but no later than 45 days of receipt of the request.
new text end
new text begin
(e) A controller must inform a consumer of any action taken on a request under
subdivision 1 without undue delay and in any event within 45 days of receipt of the request.
That period may be extended once by 45 additional days where reasonably necessary, taking
into account the complexity and number of the requests. The controller must inform the
consumer of any extension within 45 days of receipt of the request, together with the reasons
for the delay.
new text end
new text begin
(f) If a controller does not take action on a consumer's request, the controller must inform
the consumer without undue delay and at the latest within 45 days of receipt of the request
of the reasons for not taking action and instructions for how to appeal the decision with the
controller as described in subdivision 5.
new text end
new text begin
(g) Information provided under this section must be provided by the controller free of
charge up to twice annually to the consumer. Where requests from a consumer are manifestly
unfounded or excessive, in particular because of the repetitive character of the requests, the
controller may either charge a reasonable fee to cover the administrative costs of complying
with the request, or refuse to act on the request. The controller bears the burden of
demonstrating the manifestly unfounded or excessive character of the request.
new text end
new text begin
(h) A controller is not required to comply with a request to exercise any of the rights
under subdivision 1, paragraphs (b) to (h), if the controller is unable to authenticate the
request using commercially reasonable efforts. In such cases, the controller may request
the provision of additional information reasonably necessary to authenticate the request. A
controller is not required to authenticate an opt-out request, but a controller may deny an
opt-out request if the controller has a good faith, reasonable, and documented belief that
the request is fraudulent. If a controller denies an opt-out request because the controller
believes a request is fraudulent, the controller must notify the person who made the request
that the request was denied due to the controller's belief that the request was fraudulent and
state the controller's basis for that belief.
new text end
new text begin
(i) In response to a consumer request under subdivision 1, a controller must not disclose
the following information about a consumer, but must instead inform the consumer with
sufficient particularity that the controller has collected that type of information:
new text end
new text begin
(1) Social Security number;
new text end
new text begin
(2) driver's license number or other government-issued identification number;
new text end
new text begin
(3) financial account number;
new text end
new text begin
(4) health insurance account number or medical identification number;
new text end
new text begin
(5) account password, security questions, or answers; or
new text end
new text begin
(6) biometric data.
new text end
new text begin
(j) In response to a consumer request under subdivision 1, a controller is not required
to reveal any trade secret.
new text end
new text begin
(k) A controller that has obtained personal data about a consumer from a source other
than the consumer may comply with a consumer's request to delete the consumer's personal
data pursuant to subdivision 1, paragraph (d), by either:
new text end
new text begin
(1) retaining a record of the deletion request, retaining the minimum data necessary for
the purpose of ensuring the consumer's personal data remains deleted from the business's
records, and not using the retained data for any other purpose pursuant to the provisions of
this chapter; or
new text end
new text begin
(2) opting the consumer out of the processing of personal data for any purpose except
for the purposes exempted pursuant to the provisions of this chapter.
new text end
new text begin
(a) A controller must establish an internal process
whereby a consumer may appeal a refusal to take action on a request to exercise any of the
rights under subdivision 1 within a reasonable period of time after the consumer's receipt
of the notice sent by the controller under subdivision 4, paragraph (f).
new text end
new text begin
(b) The appeal process must be conspicuously available. The process must include the
ease of use provisions in subdivision 3 applicable to submitting requests.
new text end
new text begin
(c) Within 45 days of receipt of an appeal, a controller must inform the consumer of any
action taken or not taken in response to the appeal, along with a written explanation of the
reasons in support thereof. That period may be extended by 60 additional days where
reasonably necessary, taking into account the complexity and number of the requests serving
as the basis for the appeal. The controller must inform the consumer of any extension within
45 days of receipt of the appeal, together with the reasons for the delay.
new text end
new text begin
(d) When informing a consumer of any action taken or not taken in response to an appeal
pursuant to paragraph (c), the controller must provide a written explanation of the reasons
for the controller's decision and clearly and prominently provide the consumer with
information about how to file a complaint with the Office of the Attorney General. The
controller must maintain records of all appeals and the controller's responses for at least 24
months and shall, upon written request by the attorney general as part of an investigation,
compile and provide a copy of the records to the attorney general.
new text end
new text begin
(a) This chapter does not require a controller or processor to do any of the following
solely for purposes of complying with this chapter:
new text end
new text begin
(1) reidentify deidentified data;
new text end
new text begin
(2) maintain data in identifiable form, or collect, obtain, retain, or access any data or
technology, in order to be capable of associating an authenticated consumer request with
personal data; or
new text end
new text begin
(3) comply with an authenticated consumer request to access, correct, delete, or port
personal data pursuant to section 325O.05, subdivision 1, if all of the following are true:
new text end
new text begin
(i) the controller is not reasonably capable of associating the request with the personal
data, or it would be unreasonably burdensome for the controller to associate the request
with the personal data;
new text end
new text begin
(ii) the controller does not use the personal data to recognize or respond to the specific
consumer who is the subject of the personal data, or associate the personal data with other
personal data about the same specific consumer; and
new text end
new text begin
(iii) the controller does not sell the personal data to any third party or otherwise
voluntarily disclose the personal data to any third party other than a processor, except as
otherwise permitted in this section.
new text end
new text begin
(b) The rights contained in section 325O.05, subdivision 1, paragraphs (b) to (h), do not
apply to pseudonymous data in cases where the controller is able to demonstrate any
information necessary to identify the consumer is kept separately and is subject to effective
technical and organizational controls that prevent the controller from accessing the
information.
new text end
new text begin
(c) A controller that uses pseudonymous data or deidentified data must exercise reasonable
oversight to monitor compliance with any contractual commitments to which the
pseudonymous data or deidentified data are subject, and must take appropriate steps to
address any breaches of contractual commitments.
new text end
new text begin
(d) A processor or third party must not attempt to identify the subjects of deidentified
or pseudonymous data without the express authority of the controller that caused the data
to be deidentified or pseudonymized.
new text end
new text begin
(e) A controller, processor, or third party must not attempt to identify the subjects of
data that has been collected with only pseudonymous identifiers.
new text end
new text begin
(a) Controllers must provide consumers with
a reasonably accessible, clear, and meaningful privacy notice that includes:
new text end
new text begin
(1) the categories of personal data processed by the controller;
new text end
new text begin
(2) the purposes for which the categories of personal data are processed;
new text end
new text begin
(3) an explanation of the rights contained in section 325O.05 and how and where
consumers may exercise those rights, including how a consumer may appeal a controller's
action with regard to the consumer's request;
new text end
new text begin
(4) the categories of personal data that the controller sells to or shares with third parties,
if any;
new text end
new text begin
(5) the categories of third parties, if any, with whom the controller sells or shares personal
data;
new text end
new text begin
(6) the controller's contact information, including an active email address or other online
mechanism that the consumer may use to contact the controller;
new text end
new text begin
(7) a description of the controller's retention policies for personal data; and
new text end
new text begin
(8) the date the privacy notice was last updated.
new text end
new text begin
(b) If a controller sells personal data to third parties, processes personal data for targeted
advertising, or engages in profiling in furtherance of decisions that produce legal effects
concerning a consumer or similarly significant effects concerning a consumer, the controller
must disclose the processing in the privacy notice and provide access to a clear and
conspicuous method outside the privacy notice for a consumer to opt out of the sale,
processing, or profiling in furtherance of decisions that produce legal effects concerning a
consumer or similarly significant effects concerning a consumer. This method may include
but is not limited to an Internet hyperlink clearly labeled "Your Opt-Out Rights" or "Your
Privacy Rights" that directly effectuates the opt-out request or takes consumers to a web
page where the consumer can make the opt-out request.
new text end
new text begin
(c) The privacy notice must be made available to the public in each language in which
the controller provides a product or service that is subject to the privacy notice or carries
out activities related to the product or service.
new text end
new text begin
(d) The controller must provide the privacy notice in a manner that is reasonably
accessible to and usable by individuals with disabilities.
new text end
new text begin
(e) Whenever a controller makes a material change to the controller's privacy notice or
practices, the controller must notify consumers affected by the material change with respect
to any prospectively collected personal data and provide a reasonable opportunity for
consumers to withdraw consent to any further materially different collection, processing,
or transfer of previously collected personal data under the changed policy. The controller
shall take all reasonable electronic measures to provide notification regarding material
changes to affected consumers, taking into account available technology and the nature of
the relationship.
new text end
new text begin
(f) A controller is not required to provide a separate Minnesota-specific privacy notice
or section of a privacy notice if the controller's general privacy notice contains all the
information required by this section.
new text end
new text begin
(g) The privacy notice must be posted online through a conspicuous hyperlink using the
word "privacy" on the controller's website home page or on a mobile application's app store
page or download page. A controller that maintains an application on a mobile or other
device shall also include a hyperlink to the privacy notice in the application's settings menu
or in a similarly conspicuous and accessible location. A controller that does not operate a
website shall make the privacy notice conspicuously available to consumers through a
medium regularly used by the controller to interact with consumers, including but not limited
to mail.
new text end
new text begin
(a) A controller must limit the collection of personal data to what
is adequate, relevant, and reasonably necessary in relation to the purposes for which the
data are processed, which must be disclosed to the consumer.
new text end
new text begin
(b) Except as provided in this chapter, a controller may not process personal data for
purposes that are not reasonably necessary to, or compatible with, the purposes for which
the personal data are processed, as disclosed to the consumer, unless the controller obtains
the consumer's consent.
new text end
new text begin
(c) A controller shall establish, implement, and maintain reasonable administrative,
technical, and physical data security practices to protect the confidentiality, integrity, and
accessibility of personal data, including the maintenance of an inventory of the data that
must be managed to exercise these responsibilities. The data security practices shall be
appropriate to the volume and nature of the personal data at issue.
new text end
new text begin
(d) Except as otherwise provided in this act, a controller may not process sensitive data
concerning a consumer without obtaining the consumer's consent, or, in the case of the
processing of personal data concerning a known child, without obtaining consent from the
child's parent or lawful guardian, in accordance with the requirement of the Children's
Online Privacy Protection Act, United States Code, title 15, sections 6501 to 6506, and its
implementing regulations, rules, and exemptions.
new text end
new text begin
(e) A controller shall provide an effective mechanism for a consumer, or, in the case of
the processing of personal data concerning a known child, the child's parent or lawful
guardian, to revoke previously given consent under this subdivision. The mechanism provided
shall be at least as easy as the mechanism by which the consent was previously given. Upon
revocation of consent, a controller shall cease to process the applicable data as soon as
practicable, but not later than 15 days after the receipt of such request.
new text end
new text begin
(f) A controller may not process the personal data of a consumer for purposes of targeted
advertising, or sell the consumer's personal data, without the consumer's consent, under
circumstances where the controller knows that the consumer is between the ages of 13 and
16.
new text end
new text begin
(g) A controller may not retain personal data that is no longer relevant and reasonably
necessary in relation to the purposes for which the data were collected and processed, unless
retention of the data is otherwise required by law or permitted under section 325O.09.
new text end
new text begin
(a) A controller shall not process personal data on the
basis of a consumer's or a class of consumers' actual or perceived race, color, ethnicity,
religion, national origin, sex, gender, gender identity, sexual orientation, familial status,
lawful source of income, or disability in a manner that unlawfully discriminates against the
consumer or class of consumers with respect to the offering or provision of: housing,
employment, credit, or education; or the goods, services, facilities, privileges, advantages,
or accommodations of any place of public accommodation.
new text end
new text begin
(b) A controller may not discriminate against a consumer for exercising any of the rights
contained in this chapter, including denying goods or services to the consumer, charging
different prices or rates for goods or services, and providing a different level of quality of
goods and services to the consumer. This subdivision does not: (1) require a controller to
provide a good or service that requires the consumer's personal data that the controller does
not collect or maintain; or (2) prohibit a controller from offering a different price, rate, level,
quality, or selection of goods or services to a consumer, including offering goods or services
for no fee, if the offering is in connection with a consumer's voluntary participation in a
bona fide loyalty, rewards, premium features, discounts, or club card program.
new text end
new text begin
(c) A controller may not sell personal data to a third-party controller as part of a bona
fide loyalty, rewards, premium features, discounts, or club card program under paragraph
(b) unless:
new text end
new text begin
(1) the sale is reasonably necessary to enable the third party to provide a benefit to which
the consumer is entitled;
new text end
new text begin
(2) the sale of personal data to third parties is clearly disclosed in the terms of the
program; and
new text end
new text begin
(3) the third party uses the personal data only for purposes of facilitating a benefit to
which the consumer is entitled and does not retain or otherwise use or disclose the personal
data for any other purpose.
new text end
new text begin
Any provision of a contract or agreement of
any kind that purports to waive or limit in any way a consumer's rights under this chapter
is contrary to public policy and is void and unenforceable.
new text end
new text begin
(a) A small business, as defined by the United States Small Business Administration
under Code of Federal Regulations, title 13, part 121, that conducts business in Minnesota
or produces products or services that are targeted to residents of Minnesota, must not sell
a consumer's sensitive data without the consumer's prior consent.
new text end
new text begin
(b) Penalties and attorney general enforcement procedures under section 325O.10 apply
to a small business that violates this section.
new text end
new text begin
(a) A controller must document and maintain a description of the policies and procedures
the controller has adopted to comply with this chapter. The description must include, where
applicable:
new text end
new text begin
(1) the name and contact information for the controller's chief privacy officer or other
individual with primary responsibility for directing the policies and procedures implemented
to comply with the provisions of this chapter; and
new text end
new text begin
(2) a description of the controller's data privacy policies and procedures which reflect
the requirements in section 325O.07, and any policies and procedures designed to:
new text end
new text begin
(i) reflect the requirements of this chapter in the design of the controller's systems;
new text end
new text begin
(ii) identify and provide personal data to a consumer as required by this chapter;
new text end
new text begin
(iii) establish, implement, and maintain reasonable administrative, technical, and physical
data security practices to protect the confidentiality, integrity, and accessibility of personal
data, including the maintenance of an inventory of the data that must be managed to exercise
the responsibilities under this item;
new text end
new text begin
(iv) limit the collection of personal data to what is adequate, relevant, and reasonably
necessary in relation to the purposes for which the data are processed;
new text end
new text begin
(v) prevent the retention of personal data that is no longer relevant and reasonably
necessary in relation to the purposes for which the data were collected and processed, unless
retention of the data is otherwise required by law or permitted under section 325O.09; and
new text end
new text begin
(vi) identify and remediate violations of this chapter.
new text end
new text begin
(b) A controller must conduct and document a data privacy and protection assessment
for each of the following processing activities involving personal data:
new text end
new text begin
(1) the processing of personal data for purposes of targeted advertising;
new text end
new text begin
(2) the sale of personal data;
new text end
new text begin
(3) the processing of sensitive data;
new text end
new text begin
(4) any processing activities involving personal data that present a heightened risk of
harm to consumers; and
new text end
new text begin
(5) the processing of personal data for purposes of profiling, where the profiling presents
a reasonably foreseeable risk of:
new text end
new text begin
(i) unfair or deceptive treatment of, or disparate impact on, consumers;
new text end
new text begin
(ii) financial, physical, or reputational injury to consumers;
new text end
new text begin
(iii) a physical or other intrusion upon the solitude or seclusion, or the private affairs or
concerns, of consumers, where the intrusion would be offensive to a reasonable person; or
new text end
new text begin
(iv) other substantial injury to consumers.
new text end
new text begin
(c) A data privacy and protection assessment must take into account the type of personal
data to be processed by the controller, including the extent to which the personal data are
sensitive data, and the context in which the personal data are to be processed.
new text end
new text begin
(d) A data privacy and protection assessment must identify and weigh the benefits that
may flow directly and indirectly from the processing to the controller, consumer, other
stakeholders, and the public against the potential risks to the rights of the consumer associated
with the processing, as mitigated by safeguards that can be employed by the controller to
reduce the potential risks. The use of deidentified data and the reasonable expectations of
consumers, as well as the context of the processing and the relationship between the controller
and the consumer whose personal data will be processed, must be factored into this
assessment by the controller.
new text end
new text begin
(e) A data privacy and protection assessment must include the description of policies
and procedures required by paragraph (a).
new text end
new text begin
(f) As part of a civil investigative demand, the attorney general may request, in writing,
that a controller disclose any data privacy and protection assessment that is relevant to an
investigation conducted by the attorney general. The controller must make a data privacy
and protection assessment available to the attorney general upon a request made under this
paragraph. The attorney general may evaluate the data privacy and protection assessments
for compliance with this chapter. Data privacy and protection assessments are classified as
nonpublic data, as defined by section 13.02, subdivision 9. The disclosure of a data privacy
and protection assessment pursuant to a request from the attorney general under this
paragraph does not constitute a waiver of the attorney-client privilege or work product
protection with respect to the assessment and any information contained in the assessment.
new text end
new text begin
(g) Data privacy and protection assessments or risk assessments conducted by a controller
for the purpose of compliance with other laws or regulations may qualify under this section
if the assessments have a similar scope and effect.
new text end
new text begin
(h) A single data protection assessment may address multiple sets of comparable
processing operations that include similar activities.
new text end
new text begin
(a) The obligations imposed on controllers or processors under this chapter do not restrict
a controller's or a processor's ability to:
new text end
new text begin
(1) comply with federal, state, or local laws, rules, or regulations, including but not
limited to data retention requirements in state or federal law notwithstanding a consumer's
request to delete personal data;
new text end
new text begin
(2) comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or
summons by federal, state, local, or other governmental authorities;
new text end
new text begin
(3) cooperate with law enforcement agencies concerning conduct or activity that the
controller or processor reasonably and in good faith believes may violate federal, state, or
local laws, rules, or regulations;
new text end
new text begin
(4) investigate, establish, exercise, prepare for, or defend legal claims;
new text end
new text begin
(5) provide a product or service specifically requested by a consumer; perform a contract
to which the consumer is a party, including fulfilling the terms of a written warranty; or
take steps at the request of the consumer prior to entering into a contract;
new text end
new text begin
(6) take immediate steps to protect an interest that is essential for the life or physical
safety of the consumer or of another natural person, and where the processing cannot be
manifestly based on another legal basis;
new text end
new text begin
(7) prevent, detect, protect against, or respond to security incidents, identity theft, fraud,
harassment, malicious or deceptive activities, or any illegal activity; preserve the integrity
or security of systems; or investigate, report, or prosecute those responsible for any such
action;
new text end
new text begin
(8) assist another controller, processor, or third party with any of the obligations under
this paragraph;
new text end
new text begin
(9) engage in public or peer-reviewed scientific, historical, or statistical research in the
public interest that adheres to all other applicable ethics and privacy laws and is approved,
monitored, and governed by an institutional review board, human subjects research ethics
review board, or a similar independent oversight entity that has determined:
new text end
new text begin
(i) the research is likely to provide substantial benefits that do not exclusively accrue to
the controller;
new text end
new text begin
(ii) the expected benefits of the research outweigh the privacy risks; and
new text end
new text begin
(iii) the controller has implemented reasonable safeguards to mitigate privacy risks
associated with research, including any risks associated with reidentification; or
new text end
new text begin
(10) process personal data for the benefit of the public in the areas of public health,
community health, or population health, but only to the extent that the processing is:
new text end
new text begin
(i) subject to suitable and specific measures to safeguard the rights of the consumer
whose personal data is being processed; and
new text end
new text begin
(ii) under the responsibility of a professional individual who is subject to confidentiality
obligations under federal, state, or local law.
new text end
new text begin
(b) The obligations imposed on controllers or processors under this chapter do not restrict
a controller's or processor's ability to collect, use, or retain data to:
new text end
new text begin
(1) effectuate a product recall or identify and repair technical errors that impair existing
or intended functionality;
new text end
new text begin
(2) perform internal operations that are reasonably aligned with the expectations of the
consumer based on the consumer's existing relationship with the controller, or are otherwise
compatible with processing in furtherance of the provision of a product or service specifically
requested by a consumer or the performance of a contract to which the consumer is a party;
or
new text end
new text begin
(3) conduct internal research to develop, improve, or repair products, services, or
technology.
new text end
new text begin
(c) The obligations imposed on controllers or processors under this chapter do not apply
where compliance by the controller or processor with this chapter would violate an
evidentiary privilege under Minnesota law and do not prevent a controller or processor from
providing personal data concerning a consumer to a person covered by an evidentiary
privilege under Minnesota law as part of a privileged communication.
new text end
new text begin
(d) A controller or processor that discloses personal data to a third-party controller or
processor in compliance with the requirements of this chapter is not in violation of this
chapter if the recipient processes the personal data in violation of this chapter, provided that
at the time of disclosing the personal data, the disclosing controller or processor did not
have actual knowledge that the recipient intended to commit a violation. A third-party
controller or processor receiving personal data from a controller or processor in compliance
with the requirements of this chapter is not in violation of this chapter for the obligations
of the controller or processor from which the third-party controller or processor receives
the personal data.
new text end
new text begin
(e) Obligations imposed on controllers and processors under this chapter shall not:
new text end
new text begin
(1) adversely affect the rights or freedoms of any persons, including exercising the right
of free speech pursuant to the First Amendment of the United States Constitution; or
new text end
new text begin
(2) apply to the processing of personal data by a natural person in the course of a purely
personal or household activity.
new text end
new text begin
(f) Personal data that are processed by a controller pursuant to this section may be
processed solely to the extent that the processing is:
new text end
new text begin
(1) necessary, reasonable, and proportionate to the purposes listed in this section;
new text end
new text begin
(2) adequate, relevant, and limited to what is necessary in relation to the specific purpose
or purposes listed in this section; and
new text end
new text begin
(3) insofar as possible, taking into account the nature and purpose of processing the
personal data, subjected to reasonable administrative, technical, and physical measures to
protect the confidentiality, integrity, and accessibility of the personal data, and to reduce
reasonably foreseeable risks of harm to consumers.
new text end
new text begin
(g) If a controller processes personal data pursuant to an exemption in this section, the
controller bears the burden of demonstrating that the processing qualifies for the exemption
and complies with the requirements in paragraph (f).
new text end
new text begin
(h) Processing personal data solely for the purposes expressly identified in paragraph
(a), clauses (1) to (7), does not, by itself, make an entity a controller with respect to the
processing.
new text end
new text begin
(a) In the event that a controller or processor violates this chapter, the attorney general,
prior to filing an enforcement action under paragraph (b), must provide the controller or
processor with a warning letter identifying the specific provisions of this chapter the attorney
general alleges have been or are being violated. If, after 30 days of issuance of the warning
letter, the attorney general believes the controller or processor has failed to cure any alleged
violation, the attorney general may bring an enforcement action under paragraph (b). This
paragraph expires January 31, 2026.
new text end
new text begin
(b) The attorney general may bring a civil action against a controller or processor to
enforce a provision of this chapter in accordance with section 8.31. If the state prevails in
an action to enforce this chapter, the state may, in addition to penalties provided by paragraph
(c) or other remedies provided by law, be allowed an amount determined by the court to be
the reasonable value of all or part of the state's litigation expenses incurred.
new text end
new text begin
(c) Any controller or processor that violates this chapter is subject to an injunction and
liable for a civil penalty of not more than $7,500 for each violation.
new text end
new text begin
(d) Nothing in this chapter establishes a private right of action, including under section
8.31, subdivision 3a, for a violation of this chapter or any other law.
new text end
new text begin
(a) This chapter supersedes and preempts laws, ordinances, regulations, or the equivalent
adopted by any local government regarding the processing of personal data by controllers
or processors.
new text end
new text begin
(b) If any provision of this chapter or the chapter's application to any person or
circumstance is held invalid, the remainder of the chapter or the application of the provision
to other persons or circumstances is not affected.
new text end
new text begin
This article is effective July 31, 2025, except that postsecondary institutions regulated
by the Office of Higher Education are not required to comply with this article until July 31,
2029.
new text end
Laws 2023, chapter 43, article 1, section 2, is amended to read:
Sec. 2. DEPARTMENT OF AGRICULTURE
|
Subdivision 1.Total Appropriation
|
$ |
deleted text begin
92,025,000
deleted text end
new text begin
88,025,000 new text end |
$ |
deleted text begin
72,223,000
deleted text end
new text begin
80,518,000 new text end |
Appropriations by Fund |
||
2024 |
2025 |
|
General |
deleted text begin 91,626,000 deleted text end new text begin 87,626,000 new text end |
deleted text begin 71,824,000 deleted text end new text begin 80,119,000 new text end |
Remediation |
399,000 |
399,000 |
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
Subd. 2.Protection Services
|
Appropriations by Fund |
||
2024 |
2025 |
|
General |
deleted text begin
32,034,000 deleted text end new text begin 32,034,000 new text end |
deleted text begin
18,743,000 deleted text end new text begin 22,438,000 new text end |
Remediation |
399,000 |
399,000 |
(a) $399,000 the first year and $399,000 the
second year are from the remediation fund for
administrative funding for the voluntary
cleanup program.
(b) $625,000 the first year and deleted text begin $625,000deleted text end new text begin
$925,000new text end the second year are for the soil
health financial assistance program under
Minnesota Statutes, section 17.134. The
commissioner may award no more than
$50,000 of the appropriation each year to a
single recipient. The commissioner may use
up to 6.5 percent of this appropriation for costs
incurred to administer the program. Any
unencumbered balance does not cancel at the
end of the first year and is available in the
second year. Appropriations encumbered
under contract on or before June 30, 2025, for
soil health financial assistance grants are
available until June 30, 2027. The base for this
appropriation is $639,000 in fiscal year 2026
and each year thereafter.
(c) $800,000 the first year deleted text begin isdeleted text end new text begin and $100,000 the
second year arenew text end for transfer to the pollinator
research account established under Minnesota
Statutes, section 18B.051. The base for this
transfer is $100,000 in fiscal year 2026 and
each year thereafter.
(d) $150,000 the first year and $150,000 the
second year are for transfer to the noxious
weed and invasive plant species assistance
account established under Minnesota Statutes,
section 18.89, to award grants under
Minnesota Statutes, section 18.90, to counties,
municipalities, and other weed management
entities, including Minnesota Tribal
governments as defined in Minnesota Statutes,
section 10.65. This is a onetime appropriation.
(e) $175,000 the first year and $175,000 the
second year are for compensation for
destroyed or crippled livestock under
Minnesota Statutes, section 3.737. The first
year appropriation may be spent to compensate
for livestock that were destroyed or crippled
during fiscal year 2023. If the amount in the
first year is insufficient, the amount in the
second year is available in the first year. The
commissioner may use up to $5,000 each year
to reimburse expenses incurred by university
extension educators to provide fair market
values of destroyed or crippled livestock. If
the commissioner receives federal dollars to
pay claims for destroyed or crippled livestock,
an equivalent amount of this appropriation
may be used to reimburse nonlethal prevention
methods performed by federal wildlife services
staff.
(f) $155,000 the first year and $155,000 the
second year are for compensation for crop
damage under Minnesota Statutes, section
3.7371. If the amount in the first year is
insufficient, the amount in the second year is
available in the first year. The commissioner
may use up to $10,000 of the appropriation
each year to reimburse expenses incurred by
the commissioner or the commissioner's
approved agent to investigate and resolve
claims, as well as for costs associated with
training for approved agents. The
commissioner may use up to $40,000 of the
appropriation each year to make grants to
producers for measures to protect stored crops
from elk damage. If the commissioner
determines that claims made under Minnesota
Statutes, section 3.737 or 3.7371, are
unusually high, amounts appropriated for
either program may be transferred to the
appropriation for the other program.
(g) $825,000 the first year and $825,000 the
second year are to replace capital equipment
in the Department of Agriculture's analytical
laboratory.
(h) $75,000 the first year and $75,000 the
second year are to support a meat processing
liaison position to assist new or existing meat
and poultry processing operations in getting
started, expanding, growing, or transitioning
into new business models.
(i) $2,200,000 the first year and $1,650,000
the second year are additional funding to
maintain the current level of service delivery
for programs under this subdivision. The base
for this appropriation is $1,925,000 for fiscal
year 2026 and each year thereafter.
(j) $250,000 the first year and $250,000 the
second year are for grants to organizations in
Minnesota to develop enterprises, supply
chains, and markets for continuous-living
cover crops and cropping systems in the early
stages of commercial development. For the
purposes of this paragraph, "continuous-living
cover crops and cropping systems" refers to
agroforestry, perennial biomass, perennial
forage, perennial grains, and winter-annual
cereal grains and oilseeds that have market
value as harvested or grazed commodities. By
February 1 each year, the commissioner must
submit a report to the chairs and ranking
minority members of the legislative
committees with jurisdiction over agriculture
finance and policy detailing uses of the funds
in this paragraph, including administrative
costs, and the achievements these funds
contributed to. The commissioner may use up
to 6.5 percent of this appropriation for
administrative costs. This is a onetime
appropriation.
(k) $45,000 the first year and $45,000 the
second year are appropriated for
wolf-livestock conflict-prevention grants. The
commissioner may use some of this
appropriation to support nonlethal prevention
work performed by federal wildlife services.
This is a onetime appropriation.
(l) $10,000,000 the first year is for transfer to
the grain indemnity account established in
Minnesota Statutes, section 223.24. This is a
onetime transfer.
(m) $125,000 the first year and $125,000 the
second year are for the PFAS in pesticides
review. This is a onetime appropriation.
(n) $1,941,000 the first year is for transfer to
the food handler license account. This is a
onetime transfer.
new text begin
(o) $3,072,000 the second year is for nitrate
home water treatment, including reverse
osmosis, for private drinking-water wells with
nitrate in excess of the maximum contaminant
level of ten milligrams per liter and located in
Dodge, Fillmore, Goodhue, Houston, Mower,
Olmsted, Wabasha, or Winona County. The
commissioner must prioritize households at
or below 300 percent of the federal poverty
guideline and households with infants or
pregnant individuals. The commissioner may
also use this appropriation for education,
outreach, and technical assistance to
homeowners. Notwithstanding Minnesota
Statutes, section 16B.98, subdivision 14, the
commissioner may use up to 6.5 percent of
this appropriation for administrative costs.
This is a onetime appropriation and is
available until June 30, 2027.
new text end
new text begin
(p) $223,000 the second year is for transfer to
the commissioner of health for the private well
drinking-water assistance program. This is a
onetime transfer and is available until June
30, 2027.
new text end
Subd. 3.Agricultural Marketing and
|
5,165,000 |
4,985,000 |
(a) $150,000 the first year and $150,000 the
second year are to expand international trade
opportunities and markets for Minnesota
agricultural products.
(b) $186,000 the first year and $186,000 the
second year are for transfer to the Minnesota
grown account and may be used as grants for
Minnesota grown promotion under Minnesota
Statutes, section 17.102. Notwithstanding
Minnesota Statutes, section 16A.28, the
appropriations encumbered under contract on
or before June 30, 2025, for Minnesota grown
grants in this paragraph are available until June
30, 2027.
(c) $634,000 the first year and $634,000 the
second year are for the continuation of the
dairy development and profitability
enhancement programs, including dairy
profitability teams and dairy business planning
grants under Minnesota Statutes, section
32D.30.
(d) The commissioner may use funds
appropriated in this subdivision for annual
cost-share payments to resident farmers or
entities that sell, process, or package
agricultural products in this state for the costs
of organic certification. The commissioner
may allocate these funds for assistance to
persons transitioning from conventional to
organic agriculture.
(e) $600,000 the first year and $420,000 the
second year are to maintain the current level
of service delivery. The base for this
appropriation is deleted text begin $490,000deleted text end new text begin $510,000new text end for fiscal
year 2026 and each year thereafter.
(f) $100,000 the first year and $100,000 the
second year are for mental health outreach and
support to farmers, ranchers, and others in the
agricultural community and for farm safety
grant and outreach programs under Minnesota
Statutes, section 17.1195. Mental health
outreach and support may include a 24-hour
hotline, stigma reduction, and education.
Notwithstanding Minnesota Statutes, section
16A.28, any unencumbered balance does not
cancel at the end of the first year and is
available in the second year. This is a onetime
appropriation.
(g) $100,000 the first year and $100,000 the
second year are to award and administer grants
deleted text begin for infrastructuredeleted text end new text begin and other forms of financial
assistancenew text end to support EBT, SNAP, SFMNP,
and related programs at farmers markets.
Notwithstanding Minnesota Statutes, section
16A.28, any unencumbered balance does not
cancel at the end of the first year and is
available in the second year. This is a onetime
appropriation.
(h) $200,000 the first year and $200,000 the
second year are to award cooperative grants
under Minnesota Statutes, section 17.1016.
The commissioner may use up to 6.5 percent
of the appropriation each year to administer
the grant program. Notwithstanding Minnesota
Statutes, section 16A.28, any unencumbered
balance does not cancel at the end of the first
year and is available in the second year. This
is a onetime appropriation.
Subd. 4.Agriculture, Bioenergy, and Bioproduct
|
deleted text begin
37,809,000 deleted text end new text begin 33,809,000 new text end |
deleted text begin
33,809,000 deleted text end new text begin 38,109,000 new text end |
(a) $10,702,000 the first year and $10,702,000
the second year are for the agriculture
research, education, extension, and technology
transfer program under Minnesota Statutes,
section 41A.14. Except as provided below,
the appropriation each year is for transfer to
the agriculture research, education, extension,
and technology transfer account under
Minnesota Statutes, section 41A.14,
subdivision 3, and the commissioner shall
transfer funds each year to the Board of
Regents of the University of Minnesota for
purposes of Minnesota Statutes, section
41A.14. To the extent practicable, money
expended under Minnesota Statutes, section
41A.14, subdivision 1, clauses (1) and (2),
must supplement and not supplant existing
sources and levels of funding. The
commissioner may use up to one percent of
this appropriation for costs incurred to
administer the program.
Of the amount appropriated for the agriculture
research, education, extension, and technology
transfer grant program under Minnesota
Statutes, section 41A.14:
(1) $600,000 the first year and $600,000 the
second year are for the Minnesota Agricultural
Experiment Station's agriculture rapid
response fund under Minnesota Statutes,
section 41A.14, subdivision 1, clause (2);
(2) up to $1,000,000 the first year and up to
$1,000,000 the second year are for research
on avian influenza, salmonella, and other
turkey-related diseases and disease prevention
measures;
(3) $2,250,000 the first year and $2,250,000
the second year are for grants to the Minnesota
Agricultural Education Leadership Council to
enhance agricultural education with priority
given to Farm Business Management
challenge grants;
(4) $450,000 the first year is for the cultivated
wild rice breeding project at the North Central
Research and Outreach Center to include a
tenure track/research associate plant breeder;
(5) $350,000 the first year and $350,000 the
second year are for potato breeding;
(6) $802,000 the first year and $802,000 the
second year are to fund the Forever Green
Initiative and protect the state's natural
resources while increasing the efficiency,
profitability, and productivity of Minnesota
farmers by incorporating perennial and
winter-annual crops into existing agricultural
practices. The base for the allocation under
this clause is $802,000 in fiscal year 2026 and
each year thereafter. By February 1 each year,
the dean of the College of Food, Agricultural
and Natural Resource Sciences must submit
a report to the chairs and ranking minority
members of the legislative committees with
jurisdiction over agriculture finance and policy
and higher education detailing uses of the
funds in this paragraph, including
administrative costs, and the achievements
these funds contributed to; and
(7) $350,000 each year is for farm-scale winter
greenhouse research and development
coordinated by University of Minnesota
Extension Regional Sustainable Development
Partnerships. The allocation in this clause is
onetime.
(b) The base for the agriculture research,
education, extension, and technology transfer
program is $10,352,000 in fiscal year 2026
and $10,352,000 in fiscal year 2027.
(c) deleted text begin $27,107,000deleted text end new text begin $23,107,000new text end the first year deleted text begin and
$23,107,000 the second year aredeleted text end new text begin isnew text end for the
agricultural growth, research, and innovation
program under Minnesota Statutes, section
41A.12. Except as provided below, the
commissioner may allocate this appropriation
deleted text begin each yeardeleted text end among the following areas:
facilitating the start-up, modernization,
improvement, or expansion of livestock
operations, including beginning and
transitioning livestock operations with
preference given to robotic dairy-milking
equipment; assisting value-added agricultural
businesses to begin or expand, to access new
markets, or to diversify, including aquaponics
systems, with preference given to hemp fiber
processing equipment; facilitating the start-up,
modernization, or expansion of other
beginning and transitioning farms, including
by providing loans under Minnesota Statutes,
section 41B.056; sustainable agriculture
on-farm research and demonstration; the
development or expansion of food hubs and
other alternative community-based food
distribution systems; enhancing renewable
energy infrastructure and use; crop research,
including basic and applied turf seed research;
Farm Business Management tuition assistance;
and good agricultural practices and good
handling practices certification assistance. The
commissioner may use up to 6.5 percent of
this appropriation for costs incurred to
administer the program.
Of the amount appropriated for the agricultural
growth, research, and innovation program
under Minnesota Statutes, section 41A.12:
(1) $1,000,000 the first year deleted text begin and $1,000,000
the second year aredeleted text end new text begin isnew text end for distribution in equal
amounts to each of the state's county fairs to
preserve and promote Minnesota agriculture;
(2) $5,750,000 the first year deleted text begin and $5,750,000
the second year aredeleted text end new text begin isnew text end for incentive payments
under Minnesota Statutes, sections 41A.16,
41A.17, 41A.18, and 41A.20. Notwithstanding
Minnesota Statutes, section 16A.28, the first
year appropriation is available until June 30,
2025deleted text begin , and the second year appropriation is
available until June 30, 2026deleted text end . If this
appropriation exceeds the total amount for
which all producers are eligible in a fiscal
year, the balance of the appropriation is
available for other purposes under this
paragraphdeleted text begin . The base under this clause is
$3,000,000 in fiscal year 2026 and each year
thereafterdeleted text end ;
(3) $3,375,000 the first year deleted text begin and $3,375,000
the second year aredeleted text end new text begin isnew text end for grants that enable
retail petroleum dispensers, fuel storage tanks,
and other equipment to dispense biofuels to
the public in accordance with the biofuel
replacement goals established under
Minnesota Statutes, section 239.7911. A retail
petroleum dispenser selling petroleum for use
in spark ignition engines for vehicle model
years after 2000 is eligible for grant money
under this clause if the retail petroleum
dispenser has no more than 10 retail petroleum
dispensing sites and each site is located in
Minnesota. The grant money must be used to
replace or upgrade equipment that does not
have the ability to be certified for E25. A grant
award must not exceed 65 percent of the cost
of the appropriate technology. A grant award
must not exceed $200,000 per station. The
commissioner must cooperate with biofuel
stakeholders in the implementation of the grant
program. The commissioner, in cooperation
with any economic or community development
financial institution and any other entity with
which the commissioner contracts, must
submit a report on the biofuels infrastructure
financial assistance program by January 15 of
each year to the chairs and ranking minority
members of the legislative committees and
divisions with jurisdiction over agriculture
policy and finance. The annual report must
include but not be limited to a summary of the
following metrics: (i) the number and types
of projects financed; (ii) the amount of dollars
leveraged or matched per project; (iii) the
geographic distribution of financed projects;
(iv) any market expansion associated with
upgraded infrastructure; (v) the demographics
of the areas served; (vi) the costs of the
program; and (vii) the number of grants to
minority-owned or female-owned businessesdeleted text begin .
The base under this clause is $3,000,000 for
fiscal year 2026 and each year thereafterdeleted text end ;
(4) $1,250,000 the first year deleted text begin and $1,250,000
the second year aredeleted text end new text begin isnew text end for grants to facilitate
the start-up, modernization, or expansion of
meat, poultry, egg, and milk processing
facilities. A grant award under this clause must
not exceed $200,000. Any unencumbered
balance at the end of the second year does not
cancel until June 30, 2026, and may be used
for other purposes under this paragraphdeleted text begin . The
base under this clause is $250,000 in fiscal
year 2026 and each year thereafterdeleted text end ;
(5) $1,150,000 the first year deleted text begin and $1,150,000
the second year aredeleted text end new text begin isnew text end for providing more
fruits, vegetables, meat, poultry, grain, and
dairy for children in school and early
childhood education deleted text begin centersdeleted text end new text begin settingsnew text end ,
including, at the commissioner's discretion,
providing grants to reimburse schools and
early childhood education deleted text begin centersdeleted text end new text begin and child
care providersnew text end for purchasing equipment and
agricultural products.new text begin Organizations must
participate in the National School Lunch
Program or the Child and Adult Care Food
Program to be eligible.new text end Of the amount
appropriated, $150,000 deleted text begin each yeardeleted text end is for a
statewide coordinator of farm-to-institution
strategy and programming. The coordinator
must consult with relevant stakeholders and
provide technical assistance and training for
participating farmers and eligible grant
recipientsdeleted text begin . The base under this clause is
$1,294,000 in fiscal year 2026 and each year
thereafterdeleted text end ;
deleted text begin
(6) $4,000,000 the first year is for Dairy
Assistance, Investment, Relief Initiative
(DAIRI) grants and other forms of financial
assistance to Minnesota dairy farms that enroll
in coverage under a federal dairy risk
protection program and produced no more
than 16,000,000 pounds of milk in 2022. The
commissioner must make DAIRI payments
based on the amount of milk produced in
2022, up to 5,000,000 pounds per participating
farm, at a rate determined by the commissioner
within the limits of available funding. Any
unencumbered balance does not cancel at the
end of the first year and is available in the
second year. Any unencumbered balance at
the end of the second year does not cancel
until June 30, 2026, and may be used for other
purposes under this paragraph. The allocation
in this clause is onetime;
deleted text end
deleted text begin (7)deleted text end new text begin (6)new text end $2,000,000 the first year deleted text begin and
$2,000,000 the second year aredeleted text end new text begin isnew text end for urban
youth agricultural education or urban
agriculture community development; and
deleted text begin (8)deleted text end new text begin (7)new text end $1,000,000 the first year deleted text begin and
$1,000,000 the second year aredeleted text end new text begin isnew text end for the good
food access program under Minnesota
Statutes, section 17.1017.
Notwithstanding Minnesota Statutes, section
16A.28, any unencumbered balance does not
cancel at the end of the first year and is
available for the second year, and
appropriations encumbered under contract on
or before June 30, 2025, for agricultural
growth, research, and innovation grants are
available until June 30, 2028.
new text begin
(d) $27,407,000 the second year is for the
agricultural growth, research, and innovation
program under Minnesota Statutes, section
41A.12. Except as provided below, the
commissioner may allocate this appropriation
among the following areas: facilitating the
start-up, modernization, improvement, or
expansion of livestock operations, including
beginning and transitioning livestock
operations with preference given to robotic
dairy-milking equipment; assisting
value-added agricultural businesses to begin
or expand, to access new markets, or to
diversify, including aquaponics systems, with
preference given to hemp fiber processing
equipment; facilitating the start-up,
modernization, or expansion of other
beginning and transitioning farms, including
by providing loans under Minnesota Statutes,
section 41B.056; sustainable agriculture
on-farm research and demonstration; the
development or expansion of food hubs and
other alternative community-based food
distribution systems; enhancing renewable
energy infrastructure and use; crop research,
including basic and applied turf seed research;
Farm Business Management tuition assistance;
and good agricultural practices and good
handling practices certification assistance. The
commissioner may use up to 6.5 percent of
this appropriation for costs incurred to
administer the program.
new text end
new text begin
Of the amount appropriated for the agricultural
growth, research, and innovation program
under Minnesota Statutes, section 41A.12:
new text end
new text begin
(1) $1,000,000 the second year is for
distribution in equal amounts to each of the
state's county fairs to preserve and promote
Minnesota agriculture;
new text end
new text begin
(2) $5,750,000 the second year is for incentive
payments under Minnesota Statutes, sections
41A.16, 41A.17, 41A.18, and 41A.20.
Notwithstanding Minnesota Statutes, section
16A.28, this appropriation is available until
June 30, 2027. If this appropriation exceeds
the total amount for which all producers are
eligible in a fiscal year, the balance of the
appropriation is available for other purposes
under this paragraph. The base under this
clause is $3,000,000 in fiscal year 2026 and
each year thereafter;
new text end
new text begin
(3) $3,475,000 the second year is for grants
that enable retail petroleum dispensers, fuel
storage tanks, and other equipment to dispense
biofuels to the public in accordance with the
biofuel replacement goals established under
Minnesota Statutes, section 239.7911. A retail
petroleum dispenser selling petroleum for use
in spark ignition engines for vehicle model
years after 2000 is eligible for grant money
under this clause if the retail petroleum
dispenser has no more than ten retail
petroleum dispensing sites and each site is
located in Minnesota. The grant money must
be used to replace or upgrade equipment that
does not have the ability to be certified for
E25. A grant award must not exceed 65
percent of the cost of the appropriate
technology. A grant award must not exceed
$200,000 per station. The commissioner must
cooperate with biofuel stakeholders in the
implementation of the grant program. The
commissioner, in cooperation with any
economic or community development
financial institution and any other entity with
which the commissioner contracts, must
submit a report on the biofuels infrastructure
financial assistance program by January 15 of
each year to the chairs and ranking minority
members of the legislative committees and
divisions with jurisdiction over agriculture
policy and finance. The annual report must
include but not be limited to a summary of the
following metrics: (i) the number and types
of projects financed; (ii) the amount of money
leveraged or matched per project; (iii) the
geographic distribution of financed projects;
(iv) any market expansion associated with
upgraded infrastructure; (v) the demographics
of the areas served; (vi) the costs of the
program; and (vii) the number of grants to
minority-owned or female-owned businesses.
The base under this clause is $3,000,000 for
fiscal year 2026 and each year thereafter;
new text end
new text begin
(4) $1,250,000 the second year is for grants
to facilitate the start-up, modernization, or
expansion of meat, poultry, egg, and milk
processing facilities. A grant award under this
clause must not exceed $200,000. Any
unencumbered balance at the end of the second
year does not cancel until June 30, 2027, and
may be used for other purposes under this
paragraph. The base under this clause is
$250,000 in fiscal year 2026 and each year
thereafter;
new text end
new text begin
(5) $1,350,000 the second year is for providing
more fruits, vegetables, meat, poultry, grain,
and dairy for children in school and early
childhood education settings, including, at the
commissioner's discretion, providing grants
to reimburse schools and early childhood
education and child care providers for
purchasing equipment and agricultural
products. Organizations must participate in
the National School Lunch Program or the
Child and Adult Care Food Program to be
eligible. Of the amount appropriated, $150,000
is for a statewide coordinator of
farm-to-institution strategy and programming.
The coordinator must consult with relevant
stakeholders and provide technical assistance
and training for participating farmers and
eligible grant recipients. The base under this
clause is $1,294,000 in fiscal year 2026 and
each year thereafter;
new text end
new text begin
(6) $4,000,000 the second year is for Dairy
Assistance, Investment, Relief Initiative
(DAIRI) grants and other forms of financial
assistance to Minnesota dairy farms that enroll
in coverage under a federal dairy risk
protection program and produced no more
than 16,000,000 pounds of milk in 2022. The
commissioner must make DAIRI payments
based on the amount of milk produced in
2022, up to 5,000,000 pounds per participating
farm, at a rate determined by the commissioner
within the limits of available funding. Any
unencumbered balance on June 30, 2026, may
be used for other purposes under this
paragraph. The allocation in this clause is
onetime;
new text end
new text begin
(7) $2,000,000 the second year is for urban
youth agricultural education or urban
agriculture community development; and
new text end
new text begin
(8) $1,000,000 the second year is for the good
food access program under Minnesota
Statutes, section 17.1017.
new text end
new text begin
Notwithstanding Minnesota Statutes, section
16A.28, any unencumbered balance does not
cancel at the end of the second year and is
available until June 30, 2027. Appropriations
encumbered under contract on or before June
30, 2027, for agricultural growth, research,
and innovation grants are available until June
30, 2030.
new text end
deleted text begin (d)deleted text end new text begin (e)new text end The base for the agricultural growth,
research, and innovation program is
deleted text begin $16,294,000deleted text end new text begin $17,582,000new text end in fiscal year 2026
and each year thereafter and includes $200,000
each year for cooperative development grants.
Subd. 5.Administration and Financial
|
16,618,000 |
deleted text begin
14,287,000 deleted text end new text begin 14,587,000 new text end |
(a) $474,000 the first year and $474,000 the
second year are for payments to county and
district agricultural societies and associations
under Minnesota Statutes, section 38.02,
subdivision 1. Aid payments to county and
district agricultural societies and associations
must be disbursed no later than July 15 of each
year. These payments are the amount of aid
from the state for an annual fair held in the
previous calendar year.
(b) $350,000 the first year and $350,000 the
second year are for grants to the Minnesota
Agricultural Education and Leadership
Council for programs of the council under
Minnesota Statutes, chapter 41D. The base for
this appropriation is $250,000 in fiscal year
2026 and each year thereafter.
(c) $2,000 the first year is for a grant to the
Minnesota State Poultry Association. This is
a onetime appropriation. Notwithstanding
Minnesota Statutes, section 16A.28, any
unencumbered balance does not cancel at the
end of the first year and is available for the
second year.
(d) $18,000 the first year and $18,000 the
second year are for grants to the Minnesota
Livestock Breeders Association. This is a
onetime appropriation.
(e) $60,000 the first year and $60,000 the
second year are for grants to the Northern
Crops Institute that may be used to purchase
equipment. This is a onetime appropriation.
(f) $34,000 the first year and $34,000 the
second year are for grants to the Minnesota
State Horticultural Society. This is a onetime
appropriation.
(g) $25,000 the first year and $25,000 the
second year are for grants to the Center for
Rural Policy and Development. This is a
onetime appropriation.
(h) $75,000 the first year and $75,000 the
second year are appropriated from the general
fund to the commissioner of agriculture for
grants to the Minnesota Turf Seed Council for
basic and applied research on: (1) the
improved production of forage and turf seed
related to new and improved varieties; and (2)
native plants, including plant breeding,
nutrient management, pest management,
disease management, yield, and viability. The
Minnesota Turf Seed Council may subcontract
with a qualified third party for some or all of
the basic or applied research. Any
unencumbered balance does not cancel at the
end of the first year and is available in the
second year. The Minnesota Turf Seed Council
must prepare a report outlining the use of the
grant money and related accomplishments. No
later than January 15, 2025, the council must
submit the report to the chairs and ranking
minority members of the legislative
committees and divisions with jurisdiction
over agriculture finance and policy. This is a
onetime appropriation.
(i) $100,000 the first year and $100,000 the
second year are for grants to GreenSeam for
assistance to agriculture-related businesses to
support business retention and development,
business attraction and creation, talent
development and attraction, and regional
branding and promotion. These are onetime
appropriations. No later than December 1,
2024, and December 1, 2025, GreenSeam
must report to the chairs and ranking minority
members of the legislative committees with
jurisdiction over agriculture and rural
development with information on new and
existing businesses supported, number of new
jobs created in the region, new educational
partnerships and programs supported, and
regional branding and promotional efforts.
(j) $1,950,000 the first year and $1,950,000
the second year are for grants to Second
Harvest Heartland on behalf of Minnesota's
six Feeding America food banks for the
following purposes:
(1) at least $850,000 each year must be
allocated to purchase milk for distribution to
Minnesota's food shelves and other charitable
organizations that are eligible to receive food
from the food banks. Milk purchased under
the grants must be acquired from Minnesota
milk processors and based on low-cost bids.
The milk must be allocated to each Feeding
America food bank serving Minnesota
according to the formula used in the
distribution of United States Department of
Agriculture commodities under The
Emergency Food Assistance Program. Second
Harvest Heartland may enter into contracts or
agreements with food banks for shared funding
or reimbursement of the direct purchase of
milk. Each food bank that receives funding
under this clause may use up to two percent
for administrative expenses. Notwithstanding
Minnesota Statutes, section 16A.28, any
unencumbered balance the first year does not
cancel and is available the second year;
(2) to compensate agricultural producers and
processors for costs incurred to harvest and
package for transfer surplus fruits, vegetables,
and other agricultural commodities that would
otherwise go unharvested, be discarded, or be
sold in a secondary market. Surplus
commodities must be distributed statewide to
food shelves and other charitable organizations
that are eligible to receive food from the food
banks. Surplus food acquired under this clause
must be from Minnesota producers and
processors. Second Harvest Heartland may
use up to 15 percent of each grant awarded
under this clause for administrative and
transportation expenses; and
(3) to purchase and distribute protein products,
including but not limited to pork, poultry, beef,
dry legumes, cheese, and eggs to Minnesota's
food shelves and other charitable organizations
that are eligible to receive food from the food
banks. Second Harvest Heartland may use up
to two percent of each grant awarded under
this clause for administrative expenses. Protein
products purchased under the grants must be
acquired from Minnesota processors and
producers.
Second Harvest Heartland must submit
quarterly reports to the commissioner and the
chairs and ranking minority members of the
legislative committees with jurisdiction over
agriculture finance in the form prescribed by
the commissioner. The reports must include
but are not limited to information on the
expenditure of funds, the amount of milk or
other commodities purchased, and the
organizations to which this food was
distributed. The base for this appropriation is
$1,700,000 for fiscal year 2026 and each year
thereafter.
(k) $25,000 the first year and $25,000 the
second year are for grants to the Southern
Minnesota Initiative Foundation to promote
local foods through an annual event that raises
public awareness of local foods and connects
local food producers and processors with
potential buyers.
(l) $300,000 the first year and $300,000 the
second year are for grants to The Good Acre
for the Local Emergency Assistance Farmer
Fund (LEAFF) program to compensate
deleted text begin emergingdeleted text end farmersnew text begin experiencing limited land
access or limited market accessnew text end for crops
donated to hunger relief organizations in
Minnesota. new text begin For purposes of this paragraph,
"limited land access" and "limited market
access" have the meanings given in Minnesota
Statutes, section 17.133, subdivision 1. new text end This
is a onetime appropriation.
(m) $750,000 the first year and $750,000 the
second year are to expand the Emerging
Farmers Office and provide services to
beginning and emerging farmers to increase
connections between farmers and market
opportunities throughout the state. This
appropriation may be used for grants,
translation services, training programs, or
other purposes in line with the
recommendations of the Emerging Farmer
Working Group established under Minnesota
Statutes, section 17.055, subdivision 1. The
base for this appropriation is $1,000,000 in
fiscal year 2026 and each year thereafter.
(n) $50,000 the first year is to provide
technical assistance and leadership in the
development of a comprehensive and
well-documented state aquaculture plan. The
commissioner must provide the state
aquaculture plan to the legislative committees
with jurisdiction over agriculture finance and
policy by February 15, 2025.
(o) $337,000 the first year and $337,000 the
second year are for farm advocate services.
Of these amounts, $50,000 the first year and
$50,000 the second year are for the
continuation of the farmland transition
programs and may be used for grants to
farmland access teams to provide technical
assistance to potential beginning farmers.
Farmland access teams must assist existing
farmers and beginning farmers with
transitioning farm ownership and farm
operation. Services provided by teams may
include but are not limited to mediation
assistance, designing contracts, financial
planning, tax preparation, estate planning, and
housing assistance.
(p) $260,000 the first year and $260,000 the
second year are for a pass-through grant to
Region Five Development Commission to
provide, in collaboration with Farm Business
Management, statewide mental health
counseling support to Minnesota farm
operators, families, and employees, and
individuals who work with Minnesota farmers
in a professional capacity. Region Five
Development Commission may use up to 6.5
percent of the grant awarded under this
paragraph for administration.
(q) $1,000,000 the first year is for transfer to
the agricultural emergency account established
under Minnesota Statutes, section 17.041.
(r) $1,084,000 the first year and $500,000 the
second year are to support IT modernization
efforts, including laying the technology
foundations needed for improving customer
interactions with the department for licensing
and payments. This is a onetime appropriation.
(s) $275,000 the first year is for technical
assistance grants to certified community
development financial institutions that
participate in United States Department of
Agriculture loan or grant programs for smallnew text begin
farmersnew text end or deleted text begin emergingdeleted text end farmersnew text begin experiencing
limited land access or limited market accessnew text end ,
including but not limited to the Increasing
Land, Capital, and Market Access Program.
For purposes of this paragraph, deleted text begin "emerging
farmer" hasdeleted text end new text begin "limited land access" and "limited
market access" havenew text end the deleted text begin meaningdeleted text end new text begin meaningsnew text end
given in Minnesota Statutes, deleted text begin section 17.055,
subdivision 1deleted text end new text begin section 17.133, subdivision 1new text end .
The commissioner may use up to 6.5 percent
of this appropriation for costs incurred to
administer the program. Notwithstanding
Minnesota Statutes, section 16A.28, any
unencumbered balance does not cancel at the
end of the first year and is available in the
second year. This is a onetime appropriation.
(t) $1,425,000 the first year and $1,425,000
the second year are for transfer to the
agricultural and environmental revolving loan
account established under Minnesota Statutes,
section 17.117, subdivision 5a, for low-interest
loans under Minnesota Statutes, section
17.117.
(u) $150,000 the first year and $150,000 the
second year are for administrative support for
the Rural Finance Authority.
(v) The base in fiscal years 2026 and 2027 is
$150,000 each year to coordinate
climate-related activities and services within
the Department of Agriculture and
counterparts in local, state, and federal
agencies and to hire a full-time climate
implementation coordinator. The climate
implementation coordinator must coordinate
efforts seeking federal funding for Minnesota's
agricultural climate adaptation and mitigation
efforts and develop strategic partnerships with
the private sector and nongovernment
organizations.
(w) $1,200,000 the first year and $930,000 the
second year are to maintain the current level
of service delivery. The base for this
appropriation is deleted text begin $1,085,000deleted text end new text begin $1,065,000new text end in
fiscal year 2026 and deleted text begin $1,085,000deleted text end new text begin $1,065,000new text end
in fiscal year 2027new text begin and each year thereafternew text end .
(x) $250,000 the first year is for a grant to the
Board of Regents of the University of
Minnesota to purchase equipment for the
Veterinary Diagnostic Laboratory to test for
chronic wasting disease, African swine fever,
avian influenza, and other animal diseases.
The Veterinary Diagnostic Laboratory must
report expenditures under this paragraph to
the legislative committees with jurisdiction
over agriculture finance and higher education
with a report submitted by January 3, 2024,
and a final report submitted by December 31,
2024. The reports must include a list of
equipment purchased, including the cost of
each item.
(y) $1,000,000 the first year and $1,000,000
the second year are to award and administer
down payment assistance grants under
Minnesota Statutes, section 17.133, with
priority given to deleted text begin emerging farmers as defined
in Minnesota Statutes, section 17.055,
subdivision 1deleted text end new text begin eligible applicants with no more
than $100,000 in annual gross farm product
sales and eligible applicants who are producers
of industrial hemp, cannabis, or one or more
of the following specialty crops as defined by
the United States Department of Agriculture
for purposes of the specialty crop block grant
program: fruits and vegetables, tree nuts, dried
fruits, medicinal plants, culinary herbs and
spices, horticulture crops, floriculture crops,
and nursery cropsnew text end . Notwithstanding Minnesota
Statutes, section 16A.28, any unencumbered
balance at the end of the first year does not
cancel and is available in the second year and
appropriations encumbered under contract by
June 30, 2025, are available until June 30,
2027.
(z) $222,000 the first year and $322,000 the
second year are for meat processing training
and retention incentive grants under section
5. The commissioner may use up to 6.5
percent of this appropriation for costs incurred
to administer the program. Notwithstanding
Minnesota Statutes, section 16A.28, any
unencumbered balance does not cancel at the
end of the first year and is available in the
second year. This is a onetime appropriation.
(aa) $300,000 the first year and $300,000 the
second year are for transfer to the Board of
Regents of the University of Minnesota to
evaluate, propagate, and maintain the genetic
diversity of oilseeds, grains, grasses, legumes,
and other plants including flax, timothy,
barley, rye, triticale, alfalfa, orchard grass,
clover, and other species and varieties that
were in commercial distribution and use in
Minnesota before 1970, excluding wild rice.
This effort must also protect traditional seeds
brought to Minnesota by immigrant
communities. This appropriation includes
funding for associated extension and outreach
to small and Black, Indigenous, and People of
Color (BIPOC) farmers. This is a onetime
appropriation.
new text begin
(bb) $300,000 the second year is to award and
administer beginning farmer equipment and
infrastructure grants under Minnesota Statutes,
section 17.055. This is a onetime
appropriation.
new text end
deleted text begin (bb)deleted text end new text begin (cc)new text end The commissioner shall continue to
increase connections with ethnic minority and
immigrant farmers to farming opportunities
and farming programs throughout the state.
new text begin
This section is effective the day following final enactment.
new text end
Laws 2023, chapter 43, article 1, section 4, is amended to read:
Sec. 4. AGRICULTURAL UTILIZATION
|
$ |
deleted text begin
6,143,000 deleted text end new text begin 6,393,000 new text end |
$ |
4,343,000 |
(a) $300,000 the first year is for equipment
upgrades, equipment replacement, installation
expenses, and laboratory infrastructure at the
Agricultural Utilization Research Institute's
laboratories in the cities of Crookston,
Marshall, and Waseca.
(b) $1,500,000 the first year is to replace
analytical and processing equipment and make
corresponding facility upgrades at Agricultural
Utilization Research Institute facilities in the
cities of Marshall, Crookston, and Waseca. Of
this amount, up to $500,000 may be used for
renewable natural gas and anaerobic digestion
projects. This is a onetime appropriation and
is available until June 30, 2026.
(c) $300,000 the first year and $300,000 the
second year are to maintain the current level
of service delivery.
new text begin
(d) $250,000 the first year is to support food
businesses. This is a onetime appropriation
and is available until June 30, 2026.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2022, section 18B.01, is amended by adding a subdivision
to read:
new text begin
"Application or use of a pesticide" includes:
new text end
new text begin
(1) the dispersal of a pesticide on, in, at, or directed toward a target site;
new text end
new text begin
(2) preapplication activities that involve the mixing and loading of a restricted use
pesticide; and
new text end
new text begin
(3) other restricted use pesticide-related activities, including but not limited to transporting
or storing pesticide containers that have been opened; cleaning equipment; and disposing
of excess pesticides, spray mix, equipment wash waters, pesticide containers, and other
materials that contain pesticide.
new text end
Minnesota Statutes 2022, section 18B.26, subdivision 6, is amended to read:
new text begin (a) new text end To ensure new text begin the new text end complete
withdrawal from distribution or further use of a pesticide, a person who intends to discontinue
a pesticide registration must:
(1) terminate a further distribution within the state and continue to register the pesticide
annually for two successive years;new text begin and
new text end
(2) initiate and complete a total recall of the pesticide from all distribution in the state
within 60 days from the date of notification to the commissioner of intent to discontinue
registrationdeleted text begin ; ordeleted text end new text begin .
new text end
deleted text begin
(3) submit to the commissioner evidence adequate to document that no distribution of
the registered pesticide has occurred in the state.
deleted text end
new text begin
(b) Upon the request of a registrant, the commissioner may immediately cancel
registration of a pesticide product. The commissioner may immediately cancel registration
of a pesticide product at the commissioner's discretion. When requesting that the
commissioner immediately cancel registration of a pesticide product, a registrant must
provide the commissioner with:
new text end
new text begin
(1) a statement that the pesticide product is no longer in distribution; and
new text end
new text begin
(2) documentation of pesticide gross sales from the previous year supporting the statement
under clause (1).
new text end
Minnesota Statutes 2022, section 18B.28, is amended by adding a subdivision to
read:
new text begin
Before approving the issuance of an experimental use pesticide
product registration under this section, the commissioner must convene and consider the
advice of a panel of outside scientific and health experts. The panel must include but is not
limited to representatives of the Department of Health, the Department of Natural Resources,
the Pollution Control Agency, and the University of Minnesota.
new text end
new text begin
Within 30 days of submitting an emergency registration exemption application under
section 18 of FIFRA, the commissioner must convene and consider the advice of a panel
of outside scientific and health experts. The panel must include but is not limited to
representatives of the Department of Health, the Department of Natural Resources, the
Pollution Control Agency, and the University of Minnesota.
new text end
Minnesota Statutes 2022, section 18B.305, subdivision 2, is amended to read:
The commissioner, in
consultation with University of Minnesota Extension and other higher education institutions,
shall continually revise and update pesticide applicator training manuals and examinations.
The manuals and examinations must be written to meet or exceed the minimum new text begin competency
new text end standards required by the United States Environmental Protection Agency and pertinent
state specific information. new text begin Pesticide applicator training manuals and examinations must
meet or exceed the competency standards in Code of Federal Regulations, title 40, part 171.
Competency standards for training manuals and examinations must be published on the
Department of Agriculture website. new text end Questions in the examinations must be determined by
the commissioner in consultation with other responsible agencies. Manuals and examinations
must include pesticide management practices that discuss prevention of pesticide occurrence
in groundwater and surface water of the state, and economic thresholds and guidance for
insecticide use.
Minnesota Statutes 2022, section 18B.32, subdivision 1, is amended to read:
(a) A person may not engage in structural pest control
applications:
(1) for hire without a structural pest control license; deleted text begin and
deleted text end
(2) as a sole proprietorship, company, partnership, or corporation unless the person is
or employs a licensed master in structural pest control operationsdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(3) unless the person is 18 years of age or older.
new text end
(b) A structural pest control licensee must have a valid license identification card to
purchase a restricted use pesticide or apply pesticides for hire and must display it upon
demand by an authorized representative of the commissioner or a law enforcement officer.
The license identification card must contain information required by the commissioner.
Minnesota Statutes 2022, section 18B.32, subdivision 3, is amended to read:
(a) A person must apply to the commissioner for a structural pest
control license on forms and in the manner required by the commissioner. The commissioner
shall require the applicant to pass a written, closed-book, monitored examination or oral
examination, or bothdeleted text begin , and may also require a practical demonstration regarding structural
pest controldeleted text end . The commissioner shall establish the examination procedure, including the
phases and contents of the examination.
(b) The commissioner may license a person as a master under a structural pest control
license if the person has the necessary qualifications through knowledge and experience to
properly plan, determine, and supervise the selection and application of pesticides in structural
pest control. To demonstrate the qualifications and become licensed as a master under a
structural pest control license, a person must:
(1) pass a closed-book test administered by the commissioner;
(2) have direct experience as a licensed journeyman under a structural pest control license
for at least two years by this state or a state with equivalent certification requirements or as
a full-time licensed master in another state with equivalent certification requirements; and
(3) show practical knowledge and field experience under clause (2) in the actual selection
and application of pesticides under varying conditions.
(c) The commissioner may license a person as a journeyman under a structural pest
control license if the person:
(1) has the necessary qualifications in the practical selection and application of pesticides;
(2) has passed a closed-book examination given by the commissioner; and
(3) is engaged as an employee of or is working under the direction of a person licensed
as a master under a structural pest control license.
(d) The commissioner may license a person as a fumigator under a structural pest control
license if the person:
(1) has knowledge of the practical selection and application of fumigants;
(2) has passed a closed-book examination given by the commissioner; and
(3) is licensed by the commissioner as a master or journeyman under a structural pest
control license.
Minnesota Statutes 2022, section 18B.32, subdivision 4, is amended to read:
(a) new text begin An applicator may apply to renew new text end a structural pest control
applicator license deleted text begin may be reneweddeleted text end on or before the expiration of an existing license subject
to reexamination, attendance at deleted text begin workshopsdeleted text end new text begin a recertification workshopnew text end approved by the
commissioner, or other requirements imposed by the commissioner to provide the applicator
with information regarding changing technology and to help assure a continuing level of
competency and ability to use pesticides safely and properly. new text begin A recertification workshop
must meet or exceed the competency standards in Code of Federal Regulations, title 40,
part 171. Competency standards for a recertification workshop must be published on the
Department of Agriculture website. If the commissioner requires an applicator to attend a
recertification workshop and the applicator fails to attend the workshop, the commissioner
may require the applicator to pass a reexamination. new text end The commissioner may require an
additional demonstration of applicator qualification if the applicator has had a license
suspended or revoked or has otherwise had a history of violations of this chapter.
(b) If deleted text begin a persondeleted text end new text begin an applicatornew text end fails to renew a structural pest control license within three
months of its expiration, the deleted text begin persondeleted text end new text begin applicatornew text end must obtain a structural pest control license
subject to the requirements, procedures, and fees required for an initial license.
Minnesota Statutes 2022, section 18B.32, subdivision 5, is amended to read:
(a) deleted text begin A structural pest control license may not be issued
unless the applicant furnishes proof of financial responsibility.deleted text end Thenew text begin commissioner may
suspend or revoke a structural pest control license if an applicator fails to provide proof of
financial responsibility upon the commissioner's request.new text end Financial responsibility may be
demonstrated by:
(1) proof of net assets equal to or greater than $50,000; or
(2) a performance bond or insurance of a kind and in an amount determined by the
commissioner.
(b) The bond or insurance must cover a period of time at least equal to the term of the
deleted text begin applicant'sdeleted text end new text begin applicator'snew text end license. The commissioner must immediately suspend the license
of deleted text begin a persondeleted text end new text begin an applicatornew text end who fails to maintain the required bond or insurance. The
performance bond or insurance policy must contain a provision requiring the insurance or
bonding company to notify the commissioner by ten days before the effective date of
cancellation, termination, or any other change of the bond or insurance. If there is recovery
against the bond or insurance, additional coverage must be securednew text begin by the applicatornew text end to
maintain financial responsibility equal to the original amount required.
(c) An employee of a licensed person is not required to maintain an insurance policy or
bond during the time the employer is maintaining the required insurance or bond.
(d) Applications for reinstatement of a license suspended under the provisions of this
section must be accompanied by proof of satisfaction of judgments previously rendered.
Minnesota Statutes 2022, section 18B.33, subdivision 1, is amended to read:
(a) A person may not apply a pesticide for hire without a
commercial applicator license for the appropriate use categories or a structural pest control
license.
(b) A commercial applicator licensee must have a valid license identification card to
purchase a restricted use pesticide or apply pesticides for hire and must display it upon
demand by an authorized representative of the commissioner or a law enforcement officer.
The commissioner shall prescribe the information required on the license identification
card.
(c) A person licensed under this section is considered qualified and is not required to
verify, document, or otherwise prove a particular need prior to use, except as required by
the federal label.
(d) A person who uses a general-use sanitizer or disinfectant for hire in response to
COVID-19 is exempt from the commercial applicator license requirements under this section.
new text begin
(e) A person licensed under this section must be 18 years of age or older.
new text end
Minnesota Statutes 2022, section 18B.33, subdivision 5, is amended to read:
(a) deleted text begin A persondeleted text end new text begin An applicatornew text end must apply to the
commissioner to renew a commercial applicator license. The commissioner may renew a
commercial applicator license accompanied by the application fee, subject to reexamination,
attendance at deleted text begin workshopsdeleted text end new text begin a recertification workshop new text end approved by the commissioner, or other
requirements imposed by the commissioner to provide the applicator with information
regarding changing technology and to help assure a continuing level of competence and
ability to use pesticides safely and properly. deleted text begin The applicantdeleted text end new text begin Upon the receipt of an applicator's
renewal application, the commissioner may require the applicator to attend a recertification
workshop. Depending on the application category, the commissioner may require an
applicator to complete a recertification workshop once per year, once every two years, or
once every three years. If the commissioner requires an applicator to attend a recertification
workshop and the applicator fails to attend the workshop, the commissioner may require
the applicator to pass a reexamination. A recertification workshop must meet or exceed the
competency standards in Code of Federal Regulations, title 40, part 171. Competency
standards for a recertification workshop must be published on the Department of Agriculture
website. An applicatornew text end may renew a commercial applicator license within 12 months after
expiration of the license without having to meet initial testing requirements. The
commissioner may require new text begin an new text end additional demonstration of applicator qualification if deleted text begin a persondeleted text end new text begin
the applicatornew text end has had a license suspended or revoked or has had a history of violations of
this chapter.
(b) An deleted text begin applicantdeleted text end new text begin applicatornew text end that meets renewal requirements by reexamination instead
of attending deleted text begin workshopsdeleted text end new text begin a recertification workshopnew text end must pay the equivalent workshop fee
for the reexamination as determined by the commissioner.
Minnesota Statutes 2022, section 18B.33, subdivision 6, is amended to read:
(a) deleted text begin A commercial applicator license may not be issued
unless the applicant furnishes proof of financial responsibility.deleted text end The new text begin commissioner may
suspend or revoke an applicator's commercial applicator license if the applicator fails to
provide proof of financial responsibility upon the commissioner's request. new text end Financial
responsibility may be demonstrated by: (1) proof of net assets equal to or greater than
$50,000; or (2) by a performance bond or insurance of the kind and in an amount determined
by the commissioner.
(b) The bond or insurance must cover a period of time at least equal to the term of the
deleted text begin applicant'sdeleted text end new text begin applicator'snew text end license. The commissioner must immediately suspend the license
of deleted text begin a persondeleted text end new text begin an applicatornew text end who fails to maintain the required bond or insurance. The
performance bond or insurance policy must contain a provision requiring the insurance or
bonding company to notify the commissioner by ten days before the effective date of
cancellation, termination, or any other change of the bond or insurance. If there is recovery
against the bond or insurance, additional coverage must be securednew text begin by the applicatornew text end to
maintain financial responsibility equal to the original amount required.
(c) An employee of a licensed deleted text begin persondeleted text end new text begin applicatornew text end is not required to maintain an insurance
policy or bond during the time the employer is maintaining the required insurance or bond.
(d) Applications for reinstatement of a license suspended under the provisions of this
section must be accompanied by proof of satisfaction of judgments previously rendered.
Minnesota Statutes 2022, section 18B.34, subdivision 1, is amended to read:
(a) Except for a licensed commercial applicator, certified
private applicator, or licensed structural pest control applicator, a person, including a
government employee, may not purchase or use a restricted use pesticide in performance
of official duties without having a noncommercial applicator license for an appropriate use
category.
(b) A licensee must have a valid license identification card when applying pesticides
and must display it upon demand by an authorized representative of the commissioner or a
law enforcement officer. The license identification card must contain information required
by the commissioner.
(c) A person licensed under this section is considered qualified and is not required to
verify, document, or otherwise prove a particular need prior to use, except as required by
the federal label.
new text begin
(d) A person licensed under this section must be 18 years of age or older.
new text end
Minnesota Statutes 2022, section 18B.34, subdivision 4, is amended to read:
(a) deleted text begin A persondeleted text end new text begin An applicatornew text end must apply to the commissioner to renew
a noncommercial applicator license. The commissioner may renew a license subject to
reexamination, attendance at deleted text begin workshopsdeleted text end new text begin a recertification workshopnew text end approved by the
commissioner, or other requirements imposed by the commissioner to provide the applicator
with information regarding changing technology and to help assure a continuing level of
competence and ability to use pesticides safely and properly. new text begin Upon the receipt of an
applicator's renewal application, the commissioner may require the applicator to attend a
recertification workshop. Depending on the application category, the commissioner may
require an applicator to complete a recertification workshop once per year, once every two
years, or once every three years. If the commissioner requires an applicator to attend a
recertification workshop and the applicator fails to attend the workshop, the commissioner
may require the applicator to pass a reexamination. A recertification workshop must meet
or exceed the competency standards in Code of Federal Regulations, title 40, part 171.
Competency standards for a recertification workshop must be published on the Department
of Agriculture website. new text end The commissioner may require an additional demonstration of
applicator qualification if the applicator has had a license suspended or revoked or has
otherwise had a history of violations of this chapter.
(b) An deleted text begin applicantdeleted text end new text begin applicatornew text end that meets renewal requirements by reexamination instead
of attending deleted text begin workshopsdeleted text end new text begin a recertification workshopnew text end must pay the equivalent workshop fee
for the reexamination as determined by the commissioner.
(c) An deleted text begin applicantdeleted text end new text begin applicatornew text end has 12 months to renew the license after expiration without
having to meet initial testing requirements.
Minnesota Statutes 2022, section 18B.35, subdivision 1, is amended to read:
(a) The commissioner may establish categories of
structural pest control, commercial applicator, and noncommercial applicator licenses deleted text begin for
administering and enforcing this chapter.deleted text end new text begin and private applicator certification consistent with
federal requirements in Code of Federal Regulations, title 40, parts 171.101 and 171.105,
including but not limited to the federal categories that are applicable to Minnesota.
Application categories must meet or exceed the competency standards in Code of Federal
Regulations, title 40, part 171. Competency standards for application categories must be
published on the Department of Agriculture website.new text end The categories may include pest control
operators and ornamental, agricultural, aquatic, forest, and right-of-way pesticide applicators.
Separate subclassifications of categories may be specified as to ground, aerial, or manual
methods to apply pesticides or to the use of pesticides to control insects, plant diseases,
rodents, or weeds.
(b) Each category is subject to separate testing procedures and requirements.
Minnesota Statutes 2022, section 18B.36, subdivision 1, is amended to read:
(a) Except for a licensed commercial or noncommercial
applicator, only a certified private applicator may use a restricted use pesticide to produce
an agricultural commodity:
(1) as a traditional exchange of services without financial compensation;
(2) on a site owned, rented, or managed by the person or the person's employees; or
(3) when the private applicator is one of two or fewer employees and the owner or
operator is a certified private applicator or is licensed as a noncommercial applicator.
(b) A person may not purchase a restricted use pesticide without presenting a license
card, certified private applicator card, or the card number.
(c) A person certified under this section is considered qualified and is not required to
verify, document, or otherwise prove a particular need prior to use, except as required by
the federal label.
new text begin
(d) A person certified under this section must be 18 years of age or older.
new text end
Minnesota Statutes 2022, section 18B.36, subdivision 2, is amended to read:
(a) The commissioner shall prescribe certification requirements
and provide training that meets or exceeds United States Environmental Protection Agency
standards to certify private applicators and provide information relating to changing
technology to help ensure a continuing level of competency and ability to use pesticides
properly and safely. new text begin Private applicator certification requirements and training must meet or
exceed the competency standards in Code of Federal Regulations, title 40, part 171.
Competency standards for private applicator certification and training must be published
on the Department of Agriculture website. new text end The training may be done through cooperation
with other government agencies and must be a minimum of three hours in duration.
(b) A person must apply to the commissioner for certification as a private applicator.
After completing the certification requirements, which must include deleted text begin andeleted text end new text begin a proctorednew text end
examination as determined by the commissioner, an applicant must be certified as a private
applicator to use restricted use pesticides. The certification shall expire March 1 of the third
calendar year after the initial year of certification.
(c) The commissioner shall issue a private applicator card to a private applicator.
Minnesota Statutes 2022, section 18B.37, subdivision 2, is amended to read:
(a) A commercial or
noncommercial applicatordeleted text begin ,deleted text end or the applicator's authorized agentdeleted text begin ,deleted text end must maintain a record of
pesticides used on each site. Noncommercial applicators must keep records of restricted
use pesticides. The record must include the:
(1) date of the pesticide use;
(2) time the pesticide application was completed;
(3) brand name of the pesticide, the United States Environmental Protection Agency
registration number, and rate used;
(4) number of units treated;
(5) temperature, wind speed, and wind direction;
(6) location of the site where the pesticide was applied;
(7) name and address of the customer;
(8) name of applicator, name of company, license number of applicator, and address of
applicator company; and
(9) any other information required by the commissioner.
(b) Portions of records not relevant to a specific type of application may be omitted upon
approval from the commissioner.
(c) All information for this record requirement must be contained in a document for each
pesticide application, except a map may be attached to identify treated areas. An invoice
containing the required information may constitute the required record. The commissioner
shall make sample forms available to meet the requirements of this paragraph.
(d) The record must be completed no later than five days after the application of the
pesticide.
(e) A commercial applicator must give a copy of the record to the customer.
(f) Records must be retained by the applicator, company, or authorized agent for five
years after the date of treatment.
new text begin
(g) A record of a commercial or noncommercial applicator must meet or exceed the
requirements in Code of Federal Regulations, title 40, part 171.
new text end
Minnesota Statutes 2022, section 18B.37, subdivision 3, is amended to read:
(a) A structural pest control applicator
must maintain a record of each structural pest control application conducted by that person
or by the person's employees. The record must include the:
(1) date of structural pest control application;
(2) target pest;
(3) brand name of the pesticide, United States Environmental Protection Agency
registration number, and amount used;
(4) for fumigation, the temperature and exposure time;
(5) time the pesticide application was completed;
(6) name and address of the customer;
(7) name of structural pest control applicator, name of company and address of applicator
or company, and license number of applicator; and
(8) any other information required by the commissioner.
(b) All information for this record requirement must be contained in a document for
each pesticide application. An invoice containing the required information may constitute
the record.
(c) The record must be completed no later than five days after the application of the
pesticide.
(d) Records must be retained for five years after the date of treatment.
(e) A copy of the record must be given to a person who ordered the application that is
present at the site where the structural pest control application is conducted, placed in a
conspicuous location at the site where the structural pest control application is conducted
immediately after the application of the pesticides, or delivered to the person who ordered
an application or the owner of the site. The commissioner must make sample forms available
that meet the requirements of this subdivision.
(f) A structural applicator must post in a conspicuous place inside a renter's apartment
where a pesticide application has occurred a list of postapplication precautions contained
on the label of the pesticide that was applied in the apartment and any other information
required by the commissioner.
new text begin
(g) A record of a structural applicator must meet or exceed the requirements in Code of
Federal Regulations, title 40, part 171.
new text end
new text begin
By January 1, 2025, the commissioner of agriculture must ensure that examinations for
a commercial applicator license under Minnesota Statutes, section 18B.33, are available in
Spanish and that applicants are informed that the examinations can be taken in Spanish.
The commissioner must use money appropriated from the pesticide regulatory account
under Minnesota Statutes, section 18B.05, for this purpose.
new text end
Minnesota Statutes 2022, section 3.7371, is amended by adding a subdivision
to read:
new text begin
(a) For purposes of this section, the following terms have the
meanings given.
new text end
new text begin
(b) "Approved agent" means a person authorized by the Department of Agriculture to
determine if crop or fence damage was caused by elk and to assign a monetary value to the
crop or fence damage.
new text end
new text begin
(c) "Commissioner" means the commissioner of agriculture or the commissioner's
authorized representative.
new text end
new text begin
(d) "Estimated value" means the current value of crops or fencing as determined by an
approved agent.
new text end
new text begin
(e) "Owner" means an individual, firm, corporation, copartnership, or association with
an interest in crops or fencing damaged by elk.
new text end
Minnesota Statutes 2022, section 3.7371, subdivision 2, is amended to read:
new text begin (a) new text end The owner must prepare a claim on forms
provided by the commissioner and available on the Department of deleted text begin Agriculture'sdeleted text end new text begin Agriculturenew text end
website or by request from the commissioner. deleted text begin The claim form must be filed with the
commissioner.
deleted text end
new text begin
(b) After discovering crop or fence damage suspected to be caused by elk, an owner
must promptly notify an approved agent of the damage. To submit a claim for crop or fence
damage caused by elk, an owner must complete the required portions of the claim form
provided by the commissioner. An owner who has submitted a claim must provide an
approved agent with all information required to investigate the crop or fence damage.
new text end
Minnesota Statutes 2022, section 3.7371, is amended by adding a subdivision to
read:
new text begin
(a) Upon receiving notification of crop or
fence damage suspected to be caused by elk, an approved agent must promptly investigate
the damage in a timely manner. An approved agent must make written findings on the claim
form regarding whether the crop or fence was destroyed or damaged by elk. The approved
agent's findings must be based on physical and circumstantial evidence, including:
new text end
new text begin
(1) the condition of the crop or fence;
new text end
new text begin
(2) the presence of elk tracks;
new text end
new text begin
(3) the geographic area of the state where the crop or fence damage occurred;
new text end
new text begin
(4) any sightings of elk in the area; and
new text end
new text begin
(5) any other circumstances that the approved agent considers to be relevant.
new text end
new text begin
(b) The absence of affirmative evidence may be grounds for denial of a claim.
new text end
new text begin
(c) On a claim form, an approved agent must make written findings of the extent of crop
or fence damage and, if applicable, the amount of crop destroyed.
new text end
new text begin
(d) For damage to standing crops, an owner may choose to have the approved agent use
the method in clause (1) or (2) to complete the claim form and determine the amount of
crop loss:
new text end
new text begin
(1) to submit a claim form to the commissioner at the time that the suspected elk damage
is discovered, the approved agent must record on the claim form: (i) the field's potential
yield per acre; (ii) the field's average yield per acre that is expected on the damaged acres;
(iii) the estimated value of the crop; and (iv) the total amount of loss. Upon completing the
claim form, the approved agent must submit the form to the commissioner; or
new text end
new text begin
(2) to submit a claim form to the commissioner at the time that the crop is harvested,
the approved agent must record on the claim form at the time of the investigation: (i) the
percent of crop loss from damage; (ii) the actual yield of the damaged field when the crop
is harvested; (iii) the estimated value of the crop; and (iv) the total amount of loss. Upon
completing the claim form, the approved agent must submit the form to the commissioner.
new text end
new text begin
(e) For damage to stored crops, an approved agent must record on the claim form: (1)
the type and volume of destroyed stored crops; (2) the estimated value of the crop; and (3)
the total amount of loss.
new text end
new text begin
(f) For damage to fencing, an approved agent must record on the claim form: (1) the
type of materials damaged; (2) the linear feet of the damage; (3) the value of the materials
per unit according to National Resource Conservation Service specifications; and (4) the
calculated total damage to the fence.
new text end
Minnesota Statutes 2022, section 3.7371, is amended by adding a subdivision to
read:
new text begin
A completed claim form must be signed by the owner and an
approved agent. An approved agent must submit the claim form to the commissioner for
the commissioner's review and payment. The commissioner must return an incomplete claim
form to the approved agent. When returning an incomplete claim form to an approved agent,
the commissioner must indicate which information is missing from the claim form.
new text end
Minnesota Statutes 2022, section 3.7371, subdivision 3, is amended to read:
(a) deleted text begin The cropdeleted text end new text begin Annew text end owner is entitled to the deleted text begin target price or the
market price, whichever is greater,deleted text end new text begin estimated valuenew text end of the damaged or destroyed crop deleted text begin plus
adjustments for yield loss determined according to agricultural stabilization and conservation
service programs for individual farms, adjusted annually, as determined by the commissioner,
upon recommendation of the commissioner's approved agent for the owner's countydeleted text end new text begin or
fencenew text end . Verification of new text begin crop or new text end fence damage deleted text begin or destructiondeleted text end by elk may be provided by
submitting photographs or other evidence and documentation deleted text begin together with a statement
from an independent witnessdeleted text end using forms prescribed by the commissioner. The commissioner,
upon recommendation of the commissioner's approved agent, shall determine whether the
crop damage or destruction or damage to or destruction of a fence surrounding a crop or
pasture is caused by elk and, if so, the amount of the crop or fence that is damaged or
destroyed. In any fiscal year, an owner may not be compensated for a damaged or destroyed
crop or fence surrounding a crop or pasture that is less than $100 in value and may be
compensated up to $20,000, as determined under this sectiondeleted text begin , if normal harvest procedures
for the area are followeddeleted text end .new text begin An owner may not be compensated more than $1,800 per fiscal
year for damage to fencing surrounding a crop or pasture.
new text end
(b) In any fiscal year, the commissioner may provide compensation for claims filed
under this section up to the amount expressly appropriated for this purpose.
Minnesota Statutes 2023 Supplement, section 17.055, subdivision 3, is amended
to read:
(a) The commissioner
may award and administer equipment and infrastructure grants to beginning farmers. The
commissioner shall give preference to applicants who are deleted text begin emerging farmersdeleted text end new text begin experiencing
limited land access or limited market accessnew text end as new text begin those terms are new text end defined in new text begin section 17.133,
new text end subdivision 1. Grant money may be used for equipment and infrastructure development.
(b) The commissioner shall develop competitive eligibility criteria and may allocate
grants on a needs basis.
(c) Grant projects may continue for up to two years.
Minnesota Statutes 2022, section 17.133, subdivision 1, is amended to read:
(a) For purposes of this section, the following terms have
the meanings given.
(b) "Eligible farmer" means an individual who at the time that the grant is awarded:
(1) is a resident of Minnesota who intends to acquire farmland located within the state
and provide the majority of the day-to-day physical labor and management of the farm;
(2) grosses no more than $250,000 per year from the sale of farm products; deleted text begin and
deleted text end
(3) has not, and whose spouse has not, at any time had a direct or indirect ownership
interest in farmlandnew text begin ; and
new text end
new text begin (4) is not, and whose spouse is not, related by blood or marriage to an owner of the
farmland that the individual intends to acquirenew text end .
(c) "Farm down payment" means an initial, partial payment required by a lender or seller
to purchase farmland.
new text begin
(d) "Incubator farm" means a farm where:
new text end
new text begin
(1) individuals are given temporary, exclusive, and affordable access to small parcels
of land, infrastructure, and often training, for the purpose of honing skills and launching a
farm business; and
new text end
new text begin
(2) a majority of the individuals farming the small parcels of land grow industrial hemp,
cannabis, or one or more of the following specialty crops as defined by the United States
Department of Agriculture for purposes of the specialty crop block grant program: fruits
and vegetables, tree nuts, dried fruits, medicinal plants, culinary herbs and spices, horticulture
crops, floriculture crops, and nursery crops.
new text end
new text begin
(e) "Limited land access" means farming land that the individual does not own when:
new text end
new text begin
(1) the individual or the individual's child rents or leases the land, with the term of each
rental or lease agreement not exceeding three years in duration, from a person who is not
related to the individual or the individual's spouse by blood or marriage; or
new text end
new text begin
(2) the individual rents the land from an incubator farm.
new text end
new text begin
(f) "Limited market access" means the majority of the individual's annual farm product
sales are direct sales to the consumer.
new text end
Minnesota Statutes 2023 Supplement, section 17.133, subdivision 3, is amended
to read:
No later than December 1, 2023, and annually thereafter,
the commissioner must provide a report to the chairs and ranking minority members of the
legislative committees having jurisdiction over agriculture and rural development, in
compliance with sections 3.195 and 3.197, on the farm down payment assistance grants
under this section. The report must include:
(1) background information on beginning farmers in Minnesota and any other information
that the commissioner and authority find relevant to evaluating the effect of the grants on
increasing opportunities for and the number of beginning farmers;
(2) the number and amount of grants;
(3) the geographic distribution of grants by county;
(4) the number of grant recipients who are emerging farmers;
new text begin
(5) the number of grant recipients who were experiencing limited land access or limited
market access when the grant was awarded;
new text end
deleted text begin (5)deleted text end new text begin (6)new text end disaggregated data regarding the gender, race, and ethnicity of grant recipients;
deleted text begin (6)deleted text end new text begin (7)new text end the number of farmers who cease to own land and are subject to payment of a
penalty, along with the reasons for the land ownership cessation; and
deleted text begin (7)deleted text end new text begin (8)new text end the number and amount of grant applications that exceeded the allocation available
in each year.
Minnesota Statutes 2023 Supplement, section 17.134, is amended by adding a
subdivision to read:
new text begin
In addition to the applicable grants management
requirements under sections 16B.97 to 16B.991, as a condition of receiving a soil health
financial assistance grant under this section, an owner or lessee of farmland must commit
to:
new text end
new text begin
(1) if not certified under sections 17.9891 to 17.993, achieve certification no later than
24 months after the grant agreement is fully executed;
new text end
new text begin
(2) not lease or rent the equipment to another for economic gain; and
new text end
new text begin
(3) if selling the equipment, sell the equipment for no more than the owner's or lessee's
documented share of the total purchase price.
new text end
Minnesota Statutes 2022, section 18C.005, is amended by adding a subdivision
to read:
new text begin
"Beneficial substance" means any substance or
compound other than a primary, secondary, and micro plant nutrient that can be demonstrated
by scientific research to be beneficial to one or more species of plants, soil, or media.
new text end
Minnesota Statutes 2022, section 18C.005, is amended by adding a subdivision
to read:
new text begin
"Diammonium phosphate" or "DAP" means a
fertilizer containing 18 percent total nitrogen and 46 percent available phosphate.
new text end
Minnesota Statutes 2022, section 18C.005, is amended by adding a subdivision
to read:
new text begin
"Finished sewage sludge product" means
a fertilizer product consisting in whole or in part of sewage sludge that is disinfected by
means of composting, pasteurization, wet air oxidation, heat treatment, or other means and
sold to the public.
new text end
Minnesota Statutes 2022, section 18C.005, is amended by adding a subdivision
to read:
new text begin
"Liquid 28" means a liquid nitrogen solution containing 28 percent
total nitrogen.
new text end
Minnesota Statutes 2022, section 18C.005, is amended by adding a subdivision
to read:
new text begin
"Liquid 32" means a liquid nitrogen solution containing 32 percent
total nitrogen.
new text end
Minnesota Statutes 2022, section 18C.005, is amended by adding a subdivision
to read:
new text begin
"Monoammonium phosphate" or "MAP"
means a fertilizer containing ten to 11 percent total nitrogen and 48 to 55 percent available
phosphate.
new text end
Minnesota Statutes 2022, section 18C.005, is amended by adding a subdivision
to read:
new text begin
"Nitrogen fertilizer" means any fertilizer, soil amendment,
or plant amendment totally or partially comprised of nitrogen, including but not limited to
anhydrous ammonia, urea, liquid 28, liquid 32, DAP, and MAP.
new text end
Minnesota Statutes 2022, section 18C.005, subdivision 33, is amended to read:
"Soil amendment" means a substance intended to improve
the structural, physical,new text begin chemical, biochemical,new text end or biological characteristics of the soil or
modify organic matter at or near the soil surface, except fertilizers, agricultural liming
materials, pesticides, and other materials exempted by the commissioner's rules.
Minnesota Statutes 2022, section 18C.005, is amended by adding a subdivision
to read:
new text begin
"Urea" means a white crystalline solid containing 46 percent nitrogen.
new text end
Minnesota Statutes 2022, section 18C.115, subdivision 2, is amended to read:
Applicable national standards contained in
the deleted text begin 1996 official publication, number 49,deleted text end new text begin most recently published version of the official
publicationnew text end of the Association of American Plant Food Control Officials including the rules
and regulations, statements of uniform interpretation and policy, and the official fertilizer
terms and definitions, and not otherwise adopted by the commissioner, may be adopted as
fertilizer rules of this state.
Minnesota Statutes 2022, section 18C.215, subdivision 1, is amended to read:
(a) A person may not sell or distribute specialty
fertilizer in bags or other containers in this state unless a label is placed on or affixed to the
bag or container stating in a clear, legible, and conspicuous form the following information:
(1) the net weightnew text begin and volume, if applicablenew text end ;
(2) the brand and grade, except the grade is not required if primary nutrients are not
claimed;
(3) the guaranteed analysis;
(4) the name and address of the guarantor;
(5) directions for use, except directions for use are not required for custom blend specialty
fertilizers; and
(6) a derivatives statement.
(b) A person may not sell or distribute fertilizer for agricultural purposes in bags or other
containers in this state unless a label is placed on or affixed to the bag or container stating
in a clear, legible, and conspicuous form the information listed in paragraph (a), clauses (1)
to (4), except:
(1) the grade is not required if primary nutrients are not claimed; and
(2) the grade on the label is optional if the fertilizer is used only for agricultural purposes
and the guaranteed analysis statement is shown in the complete form as in section 18C.211.
(c) The labeled information must appear:
(1) on the front or back side of the container;
(2) on the upper one-third of the side of the container;
(3) on the upper end of the container; or
(4) printed on a tag affixed to the upper end of the container.
(d) If a person sells a custom blend specialty fertilizer in bags or other containers, the
information required in paragraph (a) must either be affixed to the bag or container as
required in paragraph (c) or be furnished to the customer on an invoice or delivery ticket
in written or printed form.
Minnesota Statutes 2022, section 18C.221, is amended to read:
(a) Products that are deficient in plant food content are subject to this subdivision.
(b) An analysis must show that a fertilizer is deficient:
(1) in one or more of its guaranteed primary plant nutrients beyond the investigational
allowances and compensations as established by regulation; or
(2) if the overall index value of the fertilizer is shown below the level established by
rule.
(c) A deficiency in an official sample of mixed fertilizer resulting from nonuniformity
is not distinguishable from a deficiency due to actual plant nutrient shortage and is properly
subject to official action.
(d) For the purpose of determining the commercial index value to be applied, the
commissioner shall determine at least annually the values per unit of nitrogen, available
deleted text begin phosphoric aciddeleted text end new text begin phosphatenew text end , and soluble potash in fertilizers in this state.
(e) If a fertilizer in the possession of the consumer is found by the commissioner to be
short in weight, the registrant or licensee of the fertilizer must submit a penalty payment of
two times the value of the actual shortage to the consumer within 30 days after official
notice from the commissioner.
Minnesota Statutes 2023 Supplement, section 18C.421, subdivision 1, is amended
to read:
(a) Each registrant under section 18C.411 and
licensee under section 18C.415 shall file an annual tonnage report for the previous year
ending June 30 with the commissioner, on forms provided or approved by the commissioner,
new text begin utilizing uniform fertilizer tonnage reporting system codes and new text end stating the number of net
tons of each brand or grade of fertilizer, soil amendment, or plant amendment distributed
in this state or the number of net tons and grade of each raw fertilizer material distributed
in this state during the reporting period.
(b) A tonnage report is not required to be submitted and an inspection fee under section
18C.425, subdivision 6, is not required to be paid to the commissioner by a licensee who
distributes fertilizer solely by custom application.
(c) The annual tonnage report must be submitted to the commissioner on or before July
31 of each year.
(d) The inspection fee under section 18C.425, subdivision 6, must accompany the
statement.
new text begin
(e) The commissioner must produce an annual fertilizer sales report and post this report
on the commissioner's website.
new text end
Minnesota Statutes 2023 Supplement, section 18C.425, subdivision 6, is amended
to read:
(a) The person who registers and distributes in the
state a specialty fertilizer, soil amendment, or plant amendment under section 18C.411 shall
pay the inspection fee to the commissioner.
(b) The person licensed under section 18C.415 who distributes a fertilizer to a person
not required to be so licensed shall pay the inspection fee to the commissioner, except as
exempted under section 18C.421, subdivision 1, paragraph (b).
(c) The person responsible for payment of the inspection fees for fertilizers, soil
amendments, or plant amendments sold and used in this state must pay the inspection fee
set under paragraph (e)deleted text begin ,deleted text end and deleted text begin until June 30, 2024,deleted text end an additional 40 cents per tondeleted text begin ,deleted text end of fertilizer,
soil amendment, and plant amendment sold or distributed in this state, with a minimum of
$10 on all tonnage reports. Notwithstanding section 18C.131, new text begin until June 30, 2025, new text end the
commissioner must deposit all revenue from the additional 40 cents per ton fee in the
agricultural fertilizer research and education account in section 18C.80new text begin ; and after June 30,
2025, the commissioner must deposit all revenue from the additional 40 cents per ton fee
in the private well drinking-water assistance account established in section 18C.90new text end . Products
sold or distributed to manufacturers or exchanged between them are exempt from the
inspection fee imposed by this subdivision if the products are used exclusively for
manufacturing purposes.
(d) A registrant or licensee must retain invoices showing proof of fertilizer, plant
amendment, or soil amendment distribution amounts and inspection fees paid for a period
of three years.
(e) By commissioner's order, the commissioner must set the inspection fee at no less
than 39 cents per ton and no more than 70 cents per ton. The commissioner must hold a
public meeting before increasing the fee by more than five cents per ton.
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2022, section 18C.70, subdivision 5, is amended to read:
This section expires June 30, deleted text begin 2025deleted text end new text begin 2026new text end .
Minnesota Statutes 2022, section 18C.71, subdivision 4, is amended to read:
This section expires June 30, deleted text begin 2025deleted text end new text begin 2026new text end .
Minnesota Statutes 2022, section 18C.80, subdivision 2, is amended to read:
This section expires June 30, deleted text begin 2025deleted text end new text begin 2026new text end .
new text begin
A private well drinking-water assistance account
is established in the agricultural fund. Money in the account, including interest earned, is
appropriated to the commissioner for aid payments to community health boards under
subdivision 2.
new text end
new text begin
(a) At least annually, the commissioner must make aid payments
to community health boards established under chapter 145A for purposes of assisting eligible
residents under subdivision 3.
new text end
new text begin
(b) The commissioner must award proportional aid payments to eligible community
health boards based on each board's share of total private drinking-water wells in the state
with documented nitrate in excess of ten milligrams per liter, as determined by the
commissioner in consultation with the commissioners of health and the Pollution Control
Agency.
new text end
new text begin
(a) For purposes of this section, "safe
drinking water" means water required for drinking, cooking, and maintaining oral hygiene
that has a nitrate level of no more than ten milligrams per liter.
new text end
new text begin
(b) Community health boards must use aid payments received under subdivision 2 to
assist residents in obtaining safe drinking water when the documented level of nitrate in the
resident's private drinking-water well is more than ten milligrams per liter, with priority
given to pregnant women and children under the age of one.
new text end
new text begin
(c) Community health boards must assist eligible residents in obtaining safe drinking
water through one or more of the following methods:
new text end
new text begin
(1) convenient bottled water distribution or delivery;
new text end
new text begin
(2) reverse osmosis treatment unit acquisition, installation, and maintenance;
new text end
new text begin
(3) connection to a public water system; or
new text end
new text begin
(4) another method, as determined by the commissioner of health, that provides eligible
residents with a sufficient quantity of safe drinking water.
new text end
new text begin
No later than January 15 each year, the commissioner must report
outcomes achieved under this section and any corresponding recommendations to the chairs
and ranking minority members of the legislative committees with jurisdiction over agriculture
and health.
new text end
Minnesota Statutes 2022, section 18D.301, subdivision 1, is amended to read:
(a) The commissioner shall enforce this chapter
and chapters 18B, 18C, and 18F.
(b) Violations of chapter 18B, 18C, or 18F or rules adopted under chapter 18B, 18C, or
18Fnew text begin , or section 103H.275, subdivision 2,new text end are a violation of this chapter.
(c) Upon the request of the commissioner, county attorneys, sheriffs, and other officers
having authority in the enforcement of the general criminal laws shall take action to the
extent of their authority necessary or proper for the enforcement of this chapter or special
orders, standards, stipulations, and agreements of the commissioner.
Minnesota Statutes 2023 Supplement, section 18K.06, is amended to read:
(a) The commissioner deleted text begin shall adopt rules governing the production, testing, processing,
and licensing of industrial hemp. Notwithstanding the two-year limitation for exempt rules
under section 14.388, subdivision 1, Minnesota Rules, chapter 1565, published in the State
Register on August 16, 2021, is effective until August 16, 2025, or until permanent rules
implementing chapter 18K are adopted, whichever occurs firstdeleted text end new text begin may adopt or amend rules
governing the production, testing, processing, and licensing of industrial hemp using the
procedure in section 14.386, paragraph (a). Section 14.386, paragraph (b), does not apply
to rules adopted or amended under this sectionnew text end .
(b) Rules adopted under paragraph (a) must include but not be limited to provisions
governing:
(1) the supervision and inspection of industrial hemp during its growth and harvest;
(2) the testing of industrial hemp to determine delta-9 tetrahydrocannabinol levels;
(3) the use of background check results required under section 18K.04 to approve or
deny a license application; and
(4) any other provision or procedure necessary to carry out the purposes of this chapter.
(c) Rules issued under this section must be consistent with federal law regarding the
production, distribution, and sale of industrial hemp.
Minnesota Statutes 2022, section 28A.10, is amended to read:
All such licenses shall be issued for a period of one year and shall be posted or displayed
in a conspicuous place at the place of business so licensed. deleted text begin Except as provided in sections
29.22, subdivision 4 and 31.39, all such license fees and penalties collected by the
commissioner shall be deposited into the state treasury and credited to the general fund.deleted text end
The commissioner may adopt such rules in conformity with law as the commissioner deems
necessary to effectively and efficiently carry out the provisions of sections 28A.01 to 28A.16.
Minnesota Statutes 2022, section 28A.21, subdivision 6, is amended to read:
This section expires June 30, deleted text begin 2027deleted text end new text begin 2037new text end .
Minnesota Statutes 2022, section 31.74, is amended to read:
As used in this section "honey" means the nectar and
saccharine exudation of plants, gathered, modified and stored in the comb by honey bees,
which is levorotatory, contains not more than 25 percent of water, not more than 25/100
percent of ash, and not more than eight percent sucrose.
Notwithstanding any law or rule to the contrary, it is unlawful
for any person to sell or offer for sale any product which is in semblance of honey and which
is labeled, advertised, or otherwise represented to be honey, if it is not honey. The word
"imitation" shall not be used in the name of a product which is in semblance of honey
whether or not it contains any honey. The label for a product which is not in semblance of
honey and which contains honey may include the word "honey" in the name of the product
and the relative position of the word "honey" in the product name, and in the list of
ingredients, when required, shall be determined by its prominence as an ingredient in the
product.
new text begin
Consistent with the federal
act, the federal regulations incorporated under section 31.101, subdivision 7, and the
prohibition against misbranding in sections 31.02 and 34A.03, the label for a food in
semblance of honey and consisting of honey and another sweetener must include but is not
limited to the following elements:
new text end
new text begin
(1) a statement of identity that accurately identifies or describes the nature of the food
or its characterizing properties or ingredients; and
new text end
new text begin
(2) the common or usual name of each ingredient in the ingredient statement, in
descending order of predominance by weight.
new text end
Minnesota Statutes 2022, section 31.94, is amended to read:
(a) In order to promote opportunities for organic agriculture in Minnesota, the
commissioner shall:
(1) survey producers and support services and organizations to determine information
and research needs in the area of organic agriculture practices;
(2) work with the University of Minnesota and other research and education institutions
to demonstrate the on-farm applicability of organic agriculture practices to conditions in
this state;
(3) direct the programs of the department so as to work toward the promotion of organic
agriculture in this state;
(4) inform agencies about state or federal programs that support organic agriculture
practices; and
(5) work closely with producers, producer organizations, the University of Minnesota,
and other appropriate agencies and organizations to identify opportunities and needs as well
as ensure coordination and avoid duplication of state agency efforts regarding research,
teaching, marketing, and extension work relating to organic agriculture.
(b) By November 15 of each year that ends in a zero or a five, the commissioner, in
conjunction with the task force created in paragraph (c), shall report on the status of organic
agriculture in Minnesota to the legislative policy and finance committees and divisions with
jurisdiction over agriculture. The report must include available data on organic acreage and
production, available data on the sales or market performance of organic products, and
recommendations regarding programs, policies, and research efforts that will benefit
Minnesota's organic agriculture sector.
(c) A Minnesota Organic Advisory Task Force shall advise the commissioner and the
University of Minnesota on policies and programs that will improve organic agriculture in
Minnesota, including how available resources can most effectively be used for outreach,
education, research, and technical assistance that meet the needs of the organic agriculture
sector. The task force must consist of the following residents of the state:
(1) three organic farmers;
(2) one wholesaler or distributor of organic products;
(3) one representative of organic certification agencies;
(4) two organic processors;
(5) one representative from University of Minnesota Extension;
(6) one University of Minnesota faculty member;
(7) one representative from a nonprofit organization representing producers;
(8) two public members;
(9) one representative from the United States Department of Agriculture;
(10) one retailer of organic products; and
(11) one organic consumer representative.
The commissioner, in consultation with the director of the Minnesota Agricultural Experiment
Station; the dean and director of University of Minnesota Extension and the dean of the
College of Food, Agricultural and Natural Resource Sciences, shall appoint members to
serve three-year terms.
Compensation and removal of members are governed by section 15.059, subdivision 6.
The task force must meet at least twice each year and expires on June 30, deleted text begin 2024deleted text end new text begin 2034new text end .
(d) For the purposes of expanding, improving, and developing production and marketing
of the organic products of Minnesota agriculture, the commissioner may receive funds from
state and federal sources and spend them, including through grants or contracts, to assist
producers and processors to achieve certification, to conduct education or marketing
activities, to enter into research and development partnerships, or to address production or
marketing obstacles to the growth and well-being of the industry.
(e) The commissioner may facilitate the registration of state organic production and
handling operations including those exempt from organic certification according to Code
of Federal Regulations, title 7, section 205.101, and accredited certification agencies
operating within the state.
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2022, section 32D.30, is amended to read:
The commissioner must implement a dairy development and
profitability enhancement program consisting of new text begin a new text end dairy profitability enhancement deleted text begin teams
anddeleted text end new text begin program,new text end dairy business planning grantsnew text begin , and other services to support the dairy industrynew text end .
(a)new text begin Thenew text end dairy profitability
enhancement deleted text begin teamsdeleted text end new text begin programnew text end must provide deleted text begin one-on-onedeleted text end information and technical assistance
to dairy farms of all sizes to enhance their financial success and long-term sustainability.
deleted text begin Teamsdeleted text end new text begin The programnew text end must assist dairy producers in all dairy-producing regions of the state
deleted text begin anddeleted text end new text begin . Assistance to producers from the programnew text end may deleted text begin consist ofdeleted text end new text begin be provided individually, as
a team, or through other methods bynew text end farm business management instructors, dairy extension
specialists, and other dairy industry partners. deleted text begin Teamsdeleted text end new text begin The programnew text end may engage in activities
deleted text begin includingdeleted text end new text begin such asnew text end comprehensive financial analysis, risk management education, enhanced
milk marketing tools and technologies, deleted text begin anddeleted text end facilitating or improving production systemsnew text begin ,new text end
including rotational grazing and other sustainable agriculture methodsnew text begin , and value-added
opportunitiesnew text end .
(b) The commissioner must make grants to regional or statewide organizations qualified
to manage the various components of the deleted text begin teamsdeleted text end new text begin program and serve as program administratorsnew text end .
Each regional or statewide organization must designate a coordinator responsible for
overseeing the program and submitting periodic reports to the commissioner regarding
aggregate changes in producer financial stability, productivity, product quality, animal
health, environmental protection, and other performance measures attributable to the program.
The organizations must submit this information in a format that maintains the confidentiality
of individual dairy producers.
The commissioner may award dairy business
planning grants of up to $5,000 per producernew text begin or dairy processornew text end to deleted text begin develop comprehensive
business plansdeleted text end new text begin use technical assistance services for evaluating operations, transitional
changes, expansions, improvements, and other business modificationsnew text end . Producersnew text begin and
processorsnew text end must not use dairy business planning grants for capital improvements.
Except as specified in law, the commissioner may allocate
dairy development and profitability enhancement program dollars deleted text begin amongdeleted text end new text begin fornew text end the permissible
uses specified in this sectionnew text begin and other needs to support the dairy industrynew text end , including efforts
to improve the quality of milk produced in the state, in the proportions that the commissioner
deems most beneficial to the state's dairy farmers.
No later than July 1 each year, the commissioner must submit a
detailed accomplishment report and work plan detailing future plans for, and the actual and
anticipated accomplishments from, expenditures under this section to the chairs and ranking
minority members of the legislative committees and divisions with jurisdiction over
agriculture policy and finance. If the commissioner significantly modifies a submitted work
plan during the fiscal year, the commissioner must notify the chairs and ranking minority
members.
Minnesota Statutes 2023 Supplement, section 41A.19, is amended to read:
By January 15 each year, the commissioner shall report on the incentive new text begin and tax credit
new text end programs under sections 41A.16, 41A.17, 41A.18, deleted text begin anddeleted text end 41A.20new text begin , and 41A.30new text end to the legislative
committees with jurisdiction over environment new text begin policy and finance new text end and agriculture policy
and finance. The report shall include information on production deleted text begin anddeleted text end new text begin , blending,new text end incentive
expendituresnew text begin , and tax credit certificates awardednew text end under the programsdeleted text begin .deleted text end new text begin , as well as the following
information that the commissioner must require of each producer or blender who receives
a payment or a tax credit certificate during the reporting period:
new text end
new text begin
(1) the producer's or blender's business structure;
new text end
new text begin
(2) the name and address of the producer's or blender's parent company, if any;
new text end
new text begin
(3) a cumulative list of all financial assistance received from all public grantors for the
project;
new text end
new text begin
(4) goals for the number of jobs created and progress in achieving these goals, which
may include separate goals for the number of part-time or full-time jobs, or, in cases where
job loss is specific and demonstrable, goals for the number of jobs retained;
new text end
new text begin
(5) equity hiring goals and progress in achieving these goals;
new text end
new text begin
(6) wage goals and progress in achieving these goals for all jobs created or maintained
by the producer or blender;
new text end
new text begin
(7) board member and executive compensation;
new text end
new text begin
(8) evidence of compliance with environmental permits;
new text end
new text begin
(9) the producer's or blender's intended and actual use of payments from, or tax credits
approved by, the commissioner; and
new text end
new text begin
(10) if applicable, the latest financial audit opinion statement produced by a certified
public accountant in accordance with standards established by the American Institute of
Certified Public Accountants.
new text end
Minnesota Statutes 2022, section 41B.039, subdivision 2, is amended to read:
The state may participate in a new real estate loan with
an eligible lender to a beginning farmer to the extent of 45 percent of the principal amount
of the loan or deleted text begin $400,000deleted text end new text begin $500,000new text end , whichever is less. The interest rates and repayment terms
of the authority's participation interest may be different than the interest rates and repayment
terms of the lender's retained portion of the loan.
Minnesota Statutes 2022, section 41B.04, subdivision 8, is amended to read:
With respect to loans that are eligible for restructuring
under sections 41B.01 to 41B.23 and upon acceptance by the authority, the authority shall
enter into a participation agreement or other financial arrangement whereby it shall participate
in a restructured loan to the extent of 45 percent of the primary principal or deleted text begin $525,000deleted text end new text begin
$625,000new text end , whichever is less. The authority's portion of the loan must be protected during
the authority's participation by the first mortgage held by the eligible lender to the extent
of its participation in the loan.
Minnesota Statutes 2022, section 41B.042, subdivision 4, is amended to read:
The authority may participate in new
seller-sponsored loans to the extent of 45 percent of the principal amount of the loan or
deleted text begin $400,000deleted text end new text begin $500,000new text end , whichever is less. The interest rates and repayment terms of the
authority's participation interest may be different than the interest rates and repayment terms
of the seller's retained portion of the loan.
Minnesota Statutes 2022, section 41B.043, subdivision 1b, is amended to read:
The authority may participate in an agricultural
improvement loan with an eligible lender to a farmer who meets the requirements of section
41B.03, subdivision 1, clauses (1) and (2), and who is actively engaged in farming.
Participation is limited to 45 percent of the principal amount of the loan or deleted text begin $400,000deleted text end new text begin
$500,000new text end , whichever is less. The interest rates and repayment terms of the authority's
participation interest may be different than the interest rates and repayment terms of the
lender's retained portion of the loan.
Minnesota Statutes 2022, section 41B.045, subdivision 2, is amended to read:
The authority may participate in a livestock expansion
and modernization loan with an eligible lender to a livestock farmer who meets the
requirements of section 41B.03, subdivision 1, clauses (1) and (2), and who are actively
engaged in a livestock operation. A prospective borrower must have a total net worth,
including assets and liabilities of the borrower's spouse and dependents, of less than
$1,700,000 in 2017 and an amount in subsequent years which is adjusted for inflation by
multiplying that amount by the cumulative inflation rate as determined by the United States
All-Items Consumer Price Index.
Participation is limited to 45 percent of the principal amount of the loan or deleted text begin $525,000deleted text end new text begin
$625,000new text end , whichever is less. The interest rates and repayment terms of the authority's
participation interest may be different from the interest rates and repayment terms of the
lender's retained portion of the loan.
Minnesota Statutes 2022, section 41B.047, subdivision 1, is amended to read:
The authority shall establish and implement a disaster
recovery loan program to help farmers:
(1) clean up, repair, or replace farm structures and septic and water systems, as well as
replace seed, other crop inputs, feed, and livestock;
(2) purchase watering systems, irrigation systems, deleted text begin anddeleted text end other drought mitigation systems
and practicesnew text begin , and feednew text end when drought is the cause of the purchase;
(3) restore farmland;
(4) replace flocks or livestock, make building improvements, or cover the loss of revenue
when the replacement, improvements, or loss of revenue is due to the confirmed presence
of a highly contagious animal disease in a commercial poultry or game flock, or a commercial
livestock operation, located in Minnesota; or
(5) cover the loss of revenue when the revenue loss is due to an infectious human disease
for which the governor has declared a peacetime emergency under section 12.31.
Minnesota Statutes 2022, section 223.17, subdivision 6, is amended to read:
(a) Except as allowed in paragraph (c), a grain buyer
licensed under this chapter must annually submit to the commissioner a financial statement
prepared new text begin by a third-party independent accountant or certified public accountant new text end in accordance
with deleted text begin generally accepted accounting principlesdeleted text end new text begin national or international accounting standardsnew text end .
The annual financial statement required under this subdivision must also:
(1) includedeleted text begin ,deleted text end but not be limited to the following:
(i) a balance sheet;
(ii) a statement of income (profit and loss);
(iii) a statement of retained earnings;
(iv) a statement of deleted text begin changes in financial positiondeleted text end new text begin cash flownew text end ; and
(v) a statement of the dollar amount of grain purchased in the previous fiscal year of the
grain buyer;
(2) be accompanied by a deleted text begin compilationdeleted text end report of the financial statement that is prepared
by a grain commission firm or a management firm approved by the commissioner or by an
independent public accountant, in accordance with standards established by the American
Institute of Certified Public Accountantsnew text begin or similar international standardsnew text end ;
deleted text begin
(3) be accompanied by a certification by the chief executive officer or the chief executive
officer's designee of the licensee, and where applicable, all members of the governing board
of directors under penalty of perjury, that the financial statement accurately reflects the
financial condition of the licensee for the period specified in the statement;
deleted text end
deleted text begin
(4) for grain buyers purchasing under $7,500,000 of grain annually, be reviewed by a
certified public accountant in accordance with standards established by the American Institute
of Certified Public Accountants, and must show that the financial statements are free from
material misstatements; and
deleted text end
deleted text begin (5)deleted text end new text begin (3)new text end for grain buyers purchasing $7,500,000 or more of grain annually, be audited new text begin or
reviewed new text end by a certified public accountant in accordance with standards established by the
American Institute of Certified Public Accountants deleted text begin anddeleted text end new text begin or similar international standards.
An auditnew text end must include an opinion statement from the certified public accountantdeleted text begin .deleted text end new text begin performing
the audit; and
new text end
new text begin
(4) for grain buyers purchasing $20,000,000 or more of grain annually, be audited by a
certified public accountant in accordance with standards established by the American Institute
of Certified Public Accountants or similar international standards. The audit must include
an opinion statement from the certified public accountant performing the audit.
new text end
(b) Only one financial statement must be filed for a chain of warehouses owned or
operated as a single business entity, unless otherwise required by the commissioner. All
financial statements filed with the commissioner are private or nonpublic data as provided
in section 13.02.
(c) A grain buyer who purchases grain immediately upon delivery solely with cashdeleted text begin ; a
certified check; a cashier's check; or a postal, bank, or express money orderdeleted text end new text begin , as defined in
section 223.16, subdivision 2a, paragraph (b),new text end is exempt from this subdivision if the grain
buyer's gross annual purchases are $1,000,000 or less.
new text begin
(d) For an entity that qualifies for the exemption in paragraph (c), the commissioner
retains the right to require the entity to provide the commissioner with financial reporting
based on inspections, any report of nonpayment, or other documentation related to violations
of this chapter, chapter 232, or Minnesota Rules, chapter 1562.
new text end
new text begin
(e) To ensure compliance with this chapter, the commissioner must annually review
financial statements submitted under paragraph (a).
new text end
deleted text begin (d)deleted text end new text begin (f)new text end The commissioner shall annually provide information on a person's fiduciary
duties to each licensee. deleted text begin To the extent practicable, the commissioner must direct each licensee
deleted text end deleted text begin to provide this information to all persons required to certify the licensee's financial statement
under paragraph (a), clause (3).
deleted text end
new text begin
(g) The commissioner may require an entity to provide additional financial statements
or financial reporting, including audited financial statements.
new text end
Minnesota Statutes 2022, section 232.21, subdivision 3, is amended to read:
"Commissioner" means the commissioner of agriculturenew text begin or the
commissioner's designeenew text end .
Minnesota Statutes 2022, section 232.21, subdivision 7, is amended to read:
"Grain" means any deleted text begin cereal grain, coarse grain, or oilseed in unprocessed
form for which a standard has been established by the United States Secretary of Agriculture,
dry edible beans, or agricultural crops designated by the commissioner by ruledeleted text end new text begin product
commonly referred to as grain, including wheat, corn, oats, barley, rye, rice, soybeans,
emmer, sorghum, triticale, millet, pulses, dry edible beans, sunflower seed, rapeseed, canola,
safflower, flaxseed, mustard seed, crambe, sesame seed, and other products ordinarily stored
in grain warehousesnew text end .
Minnesota Statutes 2022, section 232.21, subdivision 11, is amended to read:
"Producer" means a person who deleted text begin owns or manages a grain producing
or growing operation and holds or shares the responsibility for marketing that grain produceddeleted text end new text begin
grows grain on land owned or leased by the personnew text end .
Minnesota Statutes 2022, section 232.21, subdivision 12, is amended to read:
"Public grain warehouse operator" meansnew text begin :
(1)new text end a person deleted text begin licensed to operatedeleted text end new text begin operatingnew text end a grain warehouse in which grain belonging to
persons other than the grain warehouse operator is accepted for storage or purchasedeleted text begin , ordeleted text end new text begin ; (2)
a personnew text end who offers grain storage or grain warehouse facilities to the public for hirenew text begin ;new text end or new text begin (3)
new text end a feed-processing plant that receives and stores grain, the equivalent of whichdeleted text begin ,deleted text end it processes
and returns to the grain's owner in amounts, at intervals, and with added ingredients that
are mutually agreeable to the grain's owner and the person operating the plant.
Minnesota Statutes 2022, section 232.21, subdivision 13, is amended to read:
"Scale ticket" means a memorandum deleted text begin showing the weight, grade
and kind of grain which isdeleted text end issued by a grain new text begin elevator or new text end warehouse operator to a depositor
at the time the grain is delivered.
new text begin
The commissioner of agriculture must convene a stakeholder working group to explore
the state establishing a market for carbon credits, ecosystem services credits, or other credits
generated by farmers who implement clean water, climate-smart, and soil-healthy farming
practices. To the extent practicable, the stakeholder working group must include but is not
limited to farmers; representatives of agricultural organizations; experts in geoscience,
carbon storage, greenhouse gas modeling, and agricultural economics; industry
representatives with experience in carbon markets and supply chain sustainability; and
representatives of environmental organizations with expertise in carbon sequestration and
agriculture. No later than February 1, 2025, the commissioner must report recommendations
to the legislative committees with jurisdiction over agriculture. The commissioner must
provide participating stakeholders an opportunity to include written testimony in the
commissioner's report.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2022, sections 3.7371, subdivision 7; and 34.07,
new text end
new text begin
are repealed.
new text end
new text begin
(b)
new text end
new text begin
Minnesota Rules, parts 1506.0010; 1506.0015; 1506.0020; 1506.0025; 1506.0030;
1506.0035; and 1506.0040,
new text end
new text begin
are repealed.
new text end
Minnesota Statutes 2022, section 116J.396, is amended by adding a subdivision
to read:
new text begin
The commissioner may transfer up to $5,000,000 of a fiscal year
appropriation between the border-to-border broadband program, low density population
broadband program, and the broadband line extension program to meet demand.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
(a) The commissioner of employment and economic development must prepare and
submit an application to the United States Department of Commerce requesting State Digital
Equity Capacity Grant Funding made available under Public Law 117-58, the Infrastructure
Investment and Jobs Act.
new text end
new text begin
(b) The amount awarded to Minnesota pursuant to the application submitted under
paragraph (a) is appropriated to the commissioner of employment and economic development
for purposes of the commissioner's Minnesota Digital Opportunity Plan.
new text end
Section 1. new text begin APPROPRIATIONS.
|
new text begin
The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in this article. The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for each purpose.
The figures "2024" and "2025" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2024, or June 30, 2025, respectively.
new text end
new text begin
APPROPRIATIONS new text end |
||||||
new text begin
Available for the Year new text end |
||||||
new text begin
Ending June 30 new text end |
||||||
new text begin
2024 new text end |
new text begin
2025 new text end |
Sec. 2. new text begin DEPARTMENT OF COMMERCE
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
1,133,000 new text end |
new text begin
(a) $500,000 in fiscal year 2025 is for a study
to identify suitable sites statewide for the
installation of thermal energy networks. This
is a onetime appropriation and is available
until December 31, 2025.
new text end
new text begin
(b) $500,000 in fiscal year 2025 is for transfer
to the SolarAPP+ program account established
under Minnesota Statutes, section 216C.48,
for the awarding of incentives to local units
of government that deploy federally developed
software to automate the review of
applications and issuance of permits for
residential solar projects. Incentives may only
be awarded to local units of government
located outside the electric service territory of
the public utility required to make payments
under Minnesota Statutes, section 116C.779,
subdivision 1. This is a onetime transfer and
is available until June 30, 2028.
new text end
new text begin
(c) $133,000 in fiscal year 2025 is for
participation in a Minnesota Public Utilities
Commission proceeding to review electric
transmission line owners' plans to deploy
grid-enhancing technologies and issue an order
to implement the plans. The base in fiscal year
2026 is $265,000 and the base in fiscal year
2027 is $265,000. The base in fiscal year 2028
is $0.
new text end
Sec. 3. new text begin PUBLIC UTILITIES COMMISSION
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
433,000 new text end |
new text begin
(a) $39,000 in fiscal year 2025 is for support
of the Thermal Energy Network Deployment
Workgroup and preparation of a report. The
base in fiscal year 2026 is $77,000, and the
base in fiscal year 2027 is $0.
new text end
new text begin
(b) $117,000 in fiscal year 2025 is for review
of electric transmission line owners' plans to
deploy grid-enhancing technologies and
development of a commission order to
implement approved plans. The base in fiscal
year 2026 is $157,000 and the base in fiscal
year 2027 is $157,000. The base in fiscal year
2028 is $0.
new text end
new text begin
(c) $111,000 in fiscal year 2025 is for
conducting a proceeding to develop a
cost-sharing mechanism enabling developers
of distributed generation projects to pay
utilities to expand distribution line capacity in
order to interconnect to the grid. The base in
fiscal year 2026 is $111,000 and the base in
fiscal year 2027 is $77,000. The base in fiscal
year 2028 is $0.
new text end
new text begin
(d) $166,000 in fiscal year 2025 is for
participating in Public Utilities Commission
proceedings to issue site and route permits for
electric power facilities under revised
administrative procedures. The base in fiscal
year 2026 and thereafter is $121,000.
new text end
Section 1. new text begin APPROPRIATIONS.
|
new text begin
(a) The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this article. Notwithstanding Minnesota Statutes,
section 116C.779, subdivision 1, paragraph (j), the appropriations are from the renewable
development account in the special revenue fund established in Minnesota Statutes, section
116C.779, subdivision 1, and are available for the fiscal years indicated for each purpose.
The figures "2024" and "2025" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2024, or June 30, 2025, respectively.
new text end
new text begin
(b) If an appropriation in this article is enacted more than once in the 2024 regular or
special legislative session, the appropriation must be given effect only once.
new text end
new text begin
APPROPRIATIONS new text end |
||||||
new text begin
Available for the Year new text end |
||||||
new text begin
Ending June 30 new text end |
||||||
new text begin
2024 new text end |
new text begin
2025 new text end |
Sec. 2. new text begin DEPARTMENT OF COMMERCE
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
14,200,000 new text end |
new text begin
(a) $5,000,000 in fiscal year 2025 is for a grant
for construction of a geothermal energy system
at Sabathani Community Center in
Minneapolis. This is a onetime appropriation
and is available until June 30, 2028.
new text end
new text begin
(b) $2,500,000 in fiscal year 2025 is for
transfer to the geothermal planning grant
account established under Minnesota Statutes,
section 216C.47, for planning grants to
political subdivisions to assess the feasibility
and cost of constructing geothermal energy
systems. This is a onetime appropriation and
is available until June 30, 2027.
new text end
new text begin
(c) $5,000,000 in fiscal year 2025 is for a grant
to Ramsey County Recycling and Energy
Center and Dem-Con HZI Bioenergy LLC to
construct an anaerobic digester energy system
in Louisville Township. This is a onetime
appropriation and is available until June 30,
2028.
new text end
new text begin
(d) $1,700,000 in fiscal year 2025 is for
transfer to the SolarAPP+ program account
established under Minnesota Statutes, section
216C.48, for the awarding of incentives to
local units of government that deploy federally
developed software to automate the review of
applications and issuance of permits for
residential solar projects. Incentives may only
be awarded to political subdivisions located
within the electric service territory of the
public utility that is required to make payments
under Minnesota Statutes, section 116C.779,
subdivision 1. This is a onetime transfer.
new text end
Minnesota Statutes 2022, section 216B.2427, subdivision 1, is amended to read:
(a) For the purposes of this section and section 216B.2428,
the following terms have the meanings given.
(b) "Biogas" means gas produced by the anaerobic digestion of biomass, gasification of
biomass, or other effective conversion processes.
(c) "Carbon capture" means the capture of greenhouse gas emissions that would otherwise
be released into the atmosphere.
(d) "Carbon-free resource" means an electricity generation facility whose operation does
not contribute to statewide greenhouse gas emissions, as defined in section 216H.01,
subdivision 2.
new text begin
(e) "Disadvantaged community" means a community in Minnesota that is:
new text end
new text begin
(1) defined as disadvantaged by the federal agency disbursing federal funds, when the
federal agency is providing funds for an innovative resource; or
new text end
new text begin
(2) an environmental justice area, as defined under section 216B.1691, subdivision 1.
new text end
deleted text begin (e)deleted text end new text begin (f)new text end "District energy" means a heating or cooling system that is solar thermal powered
or that uses the constant temperature of the earth or underground aquifers as a thermal
exchange medium to heat or cool multiple buildings connected through a piping network.
deleted text begin (f)deleted text end new text begin (g)new text end "Energy efficiency" has the meaning given in section 216B.241, subdivision 1,
paragraph (f), but does not include energy conservation investments that the commissioner
determines could reasonably be included in a utility's conservation improvement program.
deleted text begin (g)deleted text end new text begin (h)new text end "Greenhouse gas emissions" means emissions of carbon dioxide, methane, nitrous
oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride emitted by
anthropogenic sources within Minnesota and from the generation of electricity imported
from outside the state and consumed in Minnesota, excluding carbon dioxide that is injected
into geological formations to prevent its release to the atmosphere in compliance with
applicable laws.
deleted text begin (h)deleted text end new text begin (i)new text end "Innovative resource" means biogas, renewable natural gas, power-to-hydrogen,
power-to-ammonia, carbon capture, strategic electrification, district energy, and energy
efficiency.
deleted text begin (i)deleted text end new text begin (j)new text end "Lifecycle greenhouse gas emissions" means the aggregate greenhouse gas
emissions resulting from the production, processing, transmission, and consumption of an
energy resource.
deleted text begin (j)deleted text end new text begin (k)new text end "Lifecycle greenhouse gas emissions intensity" means lifecycle greenhouse gas
emissions per unit of energy delivered to an end user.
deleted text begin (k)deleted text end new text begin (l)new text end "Nonexempt customer" means a utility customer that has not been included in a
utility's innovation plan under subdivision 3, paragraph (f).
deleted text begin (l)deleted text end new text begin (m)new text end "Power-to-ammonia" means the production of ammonia from hydrogen produced
via power-to-hydrogen using a process that has a lower lifecycle greenhouse gas intensity
than does natural gas produced from conventional geologic sources.
deleted text begin (m)deleted text end new text begin (n)new text end "Power-to-hydrogen" means the use of electricity generated by a carbon-free
resource to produce hydrogen.
deleted text begin (n)deleted text end new text begin (o)new text end "Renewable energy" has the meaning given in section 216B.2422, subdivision
1.
deleted text begin (o)deleted text end new text begin (p)new text end "Renewable natural gas" means biogas that has been processed to be
interchangeable with, and that has a lower lifecycle greenhouse gas intensity than, natural
gas produced from conventional geologic sources.
deleted text begin (p)deleted text end new text begin (q)new text end "Solar thermal" has the meaning given to qualifying solar thermal project in
section 216B.2411, subdivision 2, paragraph (d).
deleted text begin (q)deleted text end new text begin (r)new text end "Strategic electrification" means the installation of electric end-use equipment in
an existing building in which natural gas is a primary or back-up fuel source, or in a newly
constructed building in which a customer receives natural gas service for one or more
end-uses, provided that the electric end-use equipment:
(1) results in a net reduction in statewide greenhouse gas emissions, as defined in section
216H.01, subdivision 2, over the life of the equipment when compared to the most efficient
commercially available natural gas alternative; and
(2) is installed and operated in a manner that improves the load factor of the customer's
electric utility.
Strategic electrification does not include investments that the commissioner determines
could reasonably be included in the natural gas utility's conservation improvement program
under section 216B.241.
new text begin
(s) "Thermal energy network" means a project that provides heating and cooling to
multiple buildings connected via underground piping containing fluids that, in concert with
heat pumps, exchange thermal energy from the earth, underground or surface waters,
wastewater, or other heat sources.
new text end
deleted text begin (r)deleted text end new text begin (t)new text end "Total incremental cost" means the calculation of the following components of a
utility's innovation plan approved by the commission under subdivision 2:
(1) the sum of:
(i) return of and on capital investments for the production, processing, pipeline
interconnection, storage, and distribution of innovative resources;
(ii) incremental operating costs associated with capital investments in infrastructure for
the production, processing, pipeline interconnection, storage, and distribution of innovative
resources;
(iii) incremental costs to procure innovative resources from third parties;
(iv) incremental costs to develop and administer programs; and
(v) incremental costs for research and development related to innovative resources;
(2) less the sum of:
(i) value received by the utility upon the resale of innovative resources or innovative
resource by-products, including any environmental credits included with the resale of
renewable gaseous fuels or value received by the utility when innovative resources are used
as vehicle fuel;
(ii) cost savings achieved through avoidance of purchases of natural gas produced from
conventional geologic sources, including but not limited to avoided commodity purchases
and avoided pipeline costs; and
(iii) other revenues received by the utility that are directly attributable to the utility's
implementation of an innovation plan.
deleted text begin (s)deleted text end new text begin (u)new text end "Utility" means a public utility, as defined in section 216B.02, subdivision 4, that
provides natural gas sales or natural gas transportation services to customers in Minnesota.
Minnesota Statutes 2022, section 216B.2427, is amended by adding a subdivision
to read:
new text begin
Innovation plans filed after July 1, 2024, under
this section by a utility with more than 800,000 customers must include spending of at least
15 percent of the utility's proposed total incremental costs over the five-year term of the
proposed innovation plan for thermal energy networks projects. If the utility has developed
or is developing thermal energy network projects outside of an approved innovation plan,
the utility may apply the budget for the projects toward the 15 percent minimum requirement
without counting the costs against the limitations on utility customer costs under subdivision
3.
new text end
new text begin
(a) For the purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Eligible applicant" means a county, city, town, or the Metropolitan Council.
new text end
new text begin
(c) "Geothermal energy system" means a system that heats and cools one or more
buildings by using the constant temperature of the earth as both a heat source and heat sink,
and a heat exchanger consisting of an underground closed loop system of piping containing
a liquid to absorb and relinquish heat within the earth. Geothermal energy system includes:
new text end
new text begin
(1) a bored geothermal heat exchanger, as defined in section 103I.005;
new text end
new text begin
(2) a groundwater thermal exchange device, as defined in section 103I.005; and
new text end
new text begin
(3) a submerged closed loop heat exchanger, as defined in section 103I.005.
new text end
new text begin
A geothermal planning grant program is established in the
department to provide financial assistance to eligible applicants to examine the technical
and economic feasibility of installing geothermal energy systems.
new text end
new text begin
(a) The geothermal planning grant account is established
as a separate account in the special revenue fund in the state treasury. The commissioner
must credit to the account appropriations and transfers to the account. Earnings, including
interest, dividends, and any other earnings arising from assets of the account, must be
credited to the account. Money remaining in the account at the end of a fiscal year does not
cancel to the general fund, but remains in the account until June 30, 2027. The commissioner
must manage the account.
new text end
new text begin
(b) Money in the account is appropriated to the commissioner to (1) award geothermal
planning grants to eligible applicants, and (2) reimburse the reasonable costs incurred by
the department to administer this section.
new text end
new text begin
An applicant seeking a grant under this section must
submit an application to the commissioner on a form developed by the commissioner. The
commissioner must develop administrative procedures to govern the application and grant
award process. The commissioner may contract with a third party to conduct some or all of
the program's operations.
new text end
new text begin
(a) A grant awarded under this process may be used to pay the
total cost of the activities eligible for funding under subdivision 6, up to a limit of $150,000.
new text end
new text begin
(b) The commissioner must endeavor to award grants to eligible applicants in all regions
of Minnesota.
new text end
new text begin
(c) Grants may be awarded under this section only to projects whose work is completed
after July 1, 2024.
new text end
new text begin
Activities that may be funded with a grant awarded
under this section include:
new text end
new text begin
(1) analysis of the heating and cooling demand of the building or buildings that consume
energy from the geothermal energy system;
new text end
new text begin
(2) evaluation of equipment that could be combined with a geothermal energy system
to meet the building's heating and cooling requirement;
new text end
new text begin
(3) analysis of the geologic conditions of the earth in which a geothermal energy system
operates, including the drilling of one or more test wells to characterize geologic materials
and to measure properties of the earth and aquifers that impact the feasibility of installing
and operating a geothermal energy system; and
new text end
new text begin
(4) preparation of a financial analysis of the project.
new text end
new text begin
Contractors and subcontractors
performing work funded with a grant awarded under this section must have experience
installing geothermal energy systems.
new text end